Kelly v. Miller
Order Adopting 8 Report and Recommendation. The Court has reviewed the Magistrate Judge's report and recommendation and accepts the same. Accordingly, the above captioned petition for writ of habeas corpus is DISMISSED. Further, the Cou rt CERTIFIES 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. §§ 1915(a)(3), 2253(c); Fed.R.App.P. 22(b). Judge Sara Lioi on 2/4/2011. (B,IE)
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