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GARCIA v. MILLER

August 24, 2005.

EDWIN GARCIA, Petitioner,
v.
DAVID L. MILLER, etc., Respondent.



The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

The petition for a writ of habeas corpus is dismissed, substantially for the reasons stated in the report and recommendation of Magistrate Judge Debra Freeman, dated August 8, 2005. Respondent's objections, which are difficult to understand in light of the fact that the magistrate judge recommended judgment in respondent's favor, are moot. The Court denies a certificate of appealability and determines that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 1915.

SO ORDERED.

20050824

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