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Peek v. Carlton

September 5, 2008

MICHAEL ANDERSON PEEK, PETITIONER,
v.
HOWARD CARLTON, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Thomas W. Phillips United States District Judge

Phillips

JUDGMENT ORDER

In accordance with the accompanying Memorandum, the petition for the writ of habeas corpus is DENIED and this action is DISMISSED. Should the petitioner give timely notice of an appeal from this decision, such notice will be treated as an application for a certificate of appealability, which under the circumstances is hereby DENIED. The court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. The court further DENIES the petitioner leave to proceed in forma pauperis on appeal.

ENTERED AS A JUDGMENT

20080905

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