Otte v. Houk

Filing 43

Memorandum Opinion and Order: Petitioner Gary Otte's Petition for Writ of Habeas Corpus is denied. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could be taken in good faith as to grounds 1(a), 7, and 11(d) and (e), and the Court issues a certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Fed.R.App.P. 22(b) as to those grounds only. As to all remaining grounds, the should Court certifies, pursuant to 28 U.S.C.  67; 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b). Signed by Judge Patricia A. Gaughan on 2/12/08. (related doc. 16 ) (LC,S)

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