Wright v. Warden Lebanon Correctional Institution
Filing 13
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Antonio Wright IT IS THEREFORE RECOMMENDED THAT: 1. Petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) be DENIED with prej udice. 2. A certificate of appealability should not issue with respect to the claims alleged in Grounds One and Three of the petition, which this Court has concluded are waived and thus procedurally barred from review 2. A certificate of app ealability also should not issue with respect to the non-defaulted claim alleged in Ground Two of the petition in the absence of a substantial showing that petitioner has stated a viable claim of the denial of a constitutional right or that the issues presented are adequate to deserve encouragement to proceed further. 3. With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in good faith, and, therefore, should DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity.Objections to R&R due by 7/8/2013. Signed by Magistrate Judge J. Gregory Wehrman on 6/19/13. (lk) (Additional attachment(s) added on 6/19/2013: # 1 Certified Mail Receipt) (lk).
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