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Duncan v. Fischer

January 19, 2006

LEON DUNCAN, PETITIONER,
v.
BRIAN FISCHER, RESPONDENT.



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

ORDER

In a Report and Recommendation dated November 3, 2005, the Honorable Steven M. Gold has recommended denial of this petition for a writ of habeas corpus. Petitioner has filed objections which I find to be without merit. Magistrate Judge Gold's report is adopted in its entirety, as I agree fully with his well-reasoned analysis.

Petitioner's application 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 pursuant to 28 U.S.C. § 2253(c). Moreover, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that in forma pauperis status is denied for the purpose of an appeal. The Clerk of Court is directed to enter judgment in accordance with this order.

SO ORDERED.

NINA GERSHON United States District Judge

20060119

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