Billamay v. Kane et al
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|Date Filed||#||Document Text|
|March 1, 2011
ORDER FROM CHAMBERS ADOPTING 39 Magistrate Judge Aspey's Report and Recommendation, with the exception of the finding that others will undoubtedly confront the same issue. Based thereon, the petition is DENIED as moot. The Clerk will please en ter judgment dismissing the petition as moot. IT IS FURTHER ORDERED THAT this court will not grant the Certificate of Appealability, nor will it grant leave to proceed on appeal in forma pauperis, because petitioner has not made the showing required by 28 U.S.C. § 2253(c). If petitioner desires to take an appeal he must request a Certificate of Appealabilty from the Court of Appeals. (LSP)
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