Hill v. Miller

Filing 39

AMENDED ORDER ADOPTING REPORT AND RECOMMENDATION for 25 Report and Recommendations. Before the Court is the Report and Recommendation ("R & R") of Judge Francis, familiarity with which is assumed. In the R & R, Judge Francis proposed t hat Petitioner's petition be denied. ECF No. 25. (As further set forth in this Order.) For the reasons stated above, the Court ADOPTS Judge Francis's well-reasoned R & R in its entirety. Accordingly, Petitioner's petition for a writ o f habeas corpus is DENIED. Further, Petitioner's request for a stay is DENIED. Because the Petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253. This Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and in forma pauperis status on appeal is denied. See Coppedge v. United States, 369 U.S. 438, 444--45 (1962). The Clerk of Court is directed to mail a copy of this order and all unpublished decisions cited therein to Petitioner pro se and to close the case. (Signed by Judge Kimba M. Wood on 12/21/2016) (cf) Modified on 12/21/2016 (cf).

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