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Gee v. Kerestes

June 16, 2010

EDWARD GEE PETITIONER,
v.
JOHN KERESTES, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Anita B. Brody, J.

ORDER AND NOW, this 16th day of June, 2010, upon consideration of Chief Magistrate Judge Thomas J. Rueter's Report and Recommendation (R&R) (Doc. #9), Petitioner Edward Gee's Objections to the R&R (Doc. #10), as well as Defendants' Response (Doc. #12), it is ORDERED that:

* The R&R is APPROVED and ADOPTED, with the exception that Petitioner's prosecutorial misconduct claim is not procedurally defaulted, but rather denied on the merits.

* Petitioner's petition for a writ of habeas corpus is DENIED; and

* There is no probable cause to issue a certificate of appealability. s/Anita B. Brody

20100616

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