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Billy R. Simpson v. Robert Welch

October 27, 2011

BILLY R. SIMPSON,
PETITIONER,
v.
ROBERT WELCH,
RESPONDENT.



The opinion of the court was delivered by: Judge John Adams

ORDER AND DECISION

The Court has examined the Report and Recommended Decision of Magistrate Judge White, submitted in this matter on September 20, 2011. Doc. 23. Upon due consideration, and no objections having been filed by the parties, the Court adopts the Report and recommended findings and conclusions of the Magistrate Judge and incorporates them herein. Therefore, it is ordered that petition is hereby DENIED.

Pursuant to 28 U.S.C § 1915(a)(3), the Court certifies that Petitioner may not take an appeal from the Court's decision in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).

IT IS SO ORDERED.

JUDGE JOHN R. ADAMS UNITED STATES DISTRICT JUDGE

20111027

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