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CARR v. FISCHER

United States District Court, Eastern District of New York


September 9, 2003

JAMIE CARR, PETITIONER,
v.
BRIAN FISCHER, RESPONDENT

The opinion of the court was delivered by: Nina Gershon, District Judge

ORDER

The unopposed report and recommendation of the Honorable Cheryl L. Pollak, Magistrate Judge, dated August 6, 2003, which recommends that this petition for a writ of habeas corpus be denied is adopted. Judge Pollak found that the claims were unexhausted but, wisely, given the closeness of the issue of exhaustion as to at least some of the claims, went on to consider both procedural bar and the merits of each claim. Her analysis of these issues is comprehensive and sound, and it is adopted by the court.

The petition for a writ of habeas corpus is denied. As petitioner has failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability is denied.

SO ORDERED.

20030909

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