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Malone v. Coleman

March 4, 2010

TERRY DION MALONE, PETITIONER,
v.
BRIAN V. COLEMAN, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Eduardo C. Robreno, J.

ORDER

AND NOW, this 4th day of March 2010, upon consideration of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice (doc. no. 9) and Petitioner's objections thereto (doc. no. 11), it is hereby ORDERED as follows:

1. The Report and Recommendation is APPROVED and ADOPTED;*fn1

2. Petitioner's objections to the Report and Recommendation are OVERRULED; and

3. The Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, (doc. nos. 1, 3) is DISMISSED with prejudice.

4. There is no basis in the case for the issuance of a certificate of appealability.

IT IS HEREBY FURTHER ORDERED that Petitioner's Motion for Oral Argument (doc. no. 12) is DENIED as moot.

AND IT IS SO ...


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