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MERTON VIRGIL SMITH, JR., Petitioner v. MICHAEL W. HARLOW, et al., Respondents

William W. Caldwell

ORDER

AND NOW, this 17th day of January, 2012, upon consideration of the report and recommendation of the magistrate judge (Doc. 9), filed December 20, 2011, to which no objections were filed, and upon independent review of the record, it is ordered that:

1. The magistrate judge's report is adopted.
2. Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is dismissed.
3. The Clerk of Court shall close this file.
4. A certificate of appealability is denied.




________________


William W. Caldwell


United States District Judge


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Smith v. Harlow
(Jan 17, 2012)