Palmer v. Warden, Lebanon Correctional Institution

Filing 23

ORDER adopting 18 Report and Recommendation. Respondents 6 Motion to Dismiss the petition is GRANTED, and petitioners 1 Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED with prejudice. A certificate of appealabilit y will not issue. The Court will certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting the Report and Recommendation will not be taken in good faith, and, therefore, will DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Signed by Chief Judge Susan J. Dlott on 3/29/2010. (mtw1) (Additional attachment(s) added on 3/30/2010: # 1 Certified Mail Receipt) (mtw1).

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