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ESCOBAR v. SENKOWSKI

September 7, 2005.

JOSE ESCOBAR, Petitioner,
v.
DANIEL A. SENKOWSKI, Respondent.



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

ORDER

The petition for a writ of habeas corpus is denied, largely for the reasons set forth in the painstaking report and recommendation of Magistrate Judge Theodore H. Katz, dated May 26, 2005, to which no objection has been filed. In so ruling, however, the Court expresses no view as to whether the Appellate Division's observation with respect to the prosecutor's summation was a factual finding as opposed to a conclusion of law (see Report and Recommendation at 32-33). As Magistrate Judge Katz correctly ruled (id. at 33-34), the summation would not warrant relief in any case.

A certificate of appealability is denied, and the Court certifies that any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 1915(a)(3).

  SO ORDERED.

20050907

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