Ferguson v. McGinnis

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION for 14 Report and Recommendations. For the reasons set forth in this Report and Recommendation, the Report is adopted in its entirety and the Petition is denied. In addition, because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issues, see 28 U.S.C. 2253, and the Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good fai th. Moreover, as Petitioner's claims lack any arguable basis in law or fact, permission to proceed in forma pauperis on appeal is also denied. The Clerk of the court is respectfully directed to enter judgment in favor of Respondent and to close this case. (Signed by Judge Richard J. Sullivan on 9/29/09) (tro)

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