Welch v. Bock et al
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|Date Filed||#||Document Text|
|September 24, 2010
ORDER and Denial of Certificate of Appealability: ADOPTING 29 Report and Recommendations. That the Petition for Writ of Habeas Corpus (Doc. 1) is denied. That the Clerk enter judgment denying the Petition for Writ of Habeas Corpus (Doc. 1). The Cl erk shall terminate this case. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED. Probable cause does not exist for the appeal. The applicant has not made a substantial showing of the denial of a constitutional right. Signed by Judge Neil V Wake on 9/24/10. (DMT)
|December 14, 2009
ORDER that the Report and Recommendation 10 of the Magistrate Judge is accepted as to Petitioner's Ground I. FURTHER ORDERED that the Report and Recommendation of the Magistrate Judge (Doc. # 10) is rejected as to Ground II, without prejudice to filing the same or a different Report and Recommendation after the briefing required by this order. FURTHER ORDERED that Petitioner's Ground II is remanded to the Magistrate Judge for preparation of a further Report and Recommendation. The Ma gistrate Judge is requested to file a further the Report and Recommendation concerning Ground II by April 30, 2010, if possible, as this Court must conclude all proceedings and enter final judgment in this case by November 7, 2010, to comply with the Civil Justice Reform Act. FURTHER ORDERED that Respondents file by January 29, 2010, a brief addressing the questions posed in this order. Petitioner may file a reply by February 26, 2010. These deadlines are subject to amendment by order of the Magistrate Judge. No judgment shall be entered at this time, and this order is not final or appealable. Magistrate Judge Charles R Pyle added. Signed by Judge Neil V Wake on 12/14/09. (KMG)
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