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Tibbetts v. Bradshaw

February 2, 2007

RAYMOND TIBBETTS, PETITIONER,
v.
MARGARET BRADSHAW, WARDEN, RESPONDENT.



The opinion of the court was delivered by: District Judge Susan J. Dlott

Chief Magistrate Judge Michael R. Merz

ORDER ADOPTING REPORT AND RECOMMENDATIONS AND GRANTING CERTIFICATE OF APPEALABILITY ON PETITIONER'S FOURTH, FIFTH, AND NINETEENTH (PARTIAL) GROUNDS

This matter is before the Court on the Magistrate Judge's Report and Recommendations on Petitioner Raymond Tibbetts' Motion for a Certificate of Appealability (doc. 59); Petitioner's Objections to the Report (doc. 60); and Respondent's Opposition to Petitioner's Objections (doc. 61).

Petitioner moved for a certificate of appealability as to Claims Three, Four, Five, Eight, Nine, two sub-sections of Claim Nineteen, and Twenty-nine. (Doc. 55.) The Magistrate recommended that the Court issue a certificate of appealability on Petitioner's Fourth and Fifth Grounds for Relief and on the sub-claim of his Nineteenth Ground for Relief which claims error in failure to plead Proposition of Law 31. (Doc. 59 at 7.) Petitioner objected to the denial of a certificate of appealability as to his Third and two subsections of his Nineteenth Grounds for Relief.*fn1

Having reviewed the relevant pleadings and law de novo, the Court hereby OVERRULES Tibbetts' Objections and ADOPTS the Magistrate's thorough and well-reasoned Report in its entirety. Pursuant to the Report and the Court's review, the Court GRANTS Petitioner a Certificate as to the Fourth and Fifth Grounds for Relief and on the sub-claim of his Nineteenth Ground for Relief which claims error in failure to plead Proposition of Law 31.

IT IS SO ORDERED.

Susan J. Dlott United States ...


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