Hendricks v. Warden Lebanon Correctional Institution

Filing 19

REPORT AND RECOMMENDATION that petitioner's 1 Petition for Writ of Habeas Corpus be Denied with prejudice. A certificate of appealability should not issue with respect to the claims alleged in Grounds Four through Eight. A certificate of a ppealability should not issue with respect to the non-defaulted claims alleged in Grounds One through Three of the petition except to the extent that the Court should issue a certificate of appealability with respect to the portion of Ground Three ch allenging the sufficiency of the evidence supporting petitioner's murder convictions, which is adequate to deserve encouragement to proceed further. Any application by petitioner to proceed on appeal in forma pauperis in this matter would be taken in good faith and, therefore, should Grant petioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 6/2/2014. Signed by Magistrate Judge Karen L. Litkovitz on 5/16/2014. (art)