McNish v. Bell
Filing 187
MEMORANDUM OPINION finding Petitioner McNish is not entitled to relief under 28 U.S.C. § 2254, and his motion for partial summary judgment 102 will be DENIED; the respondent's motion for summary judgment 76 will be GRA NTED, and the petition for the writ of habeas corpus will be DENIED. The stay of execution previously entered in this matter will be VACATED. The petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. Signed by District Judge Thomas W Phillips on February 12, 2013. (AYB)
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