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Henning v. Prelesnik

April 28, 2010

DOUG LEWIS HENNING, PETITIONER,
v.
JOHN PRELESNIK, RESPONDENT.



The opinion of the court was delivered by: Robert J. Jonker United States District Judge

Hon. Robert J. Jonker

ORDER APPROVING REPORT AND RECOMMENDATION

The court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties not later than April 7, 2010. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).

THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed April 6, 2010, is approved and adopted as the opinion of the court.

IT IS FURTHER ORDERED that the amended habeas corpus petition is DENIED.

IT IS FURTHER ORDERED that a certificate of appealability from the judgment issued this date is DENIED because a reasonable jurist could not conclude either that the District Court erred in dismissing the petition for failure to exhaust or that the petitioner should be allowed to proceed further. Slack v. McDaniel, 529 U.S. 473, 484 (2000).

20100428

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