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Terry Douglas Bemore v. Kevin Chappell

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


September 25, 2012

TERRY DOUGLAS BEMORE,
PETITIONER,
v.
KEVIN CHAPPELL, ACTING WARDEN OF SAN QUENTIN STATE PRISON, RESPONDENT.

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

DEATH PENALTY CASE FINAL ORDER:

(1) DENYING PETITION FOR WRIT OF HABEAS CORPUS; AND

(2) ISSUING CERTIFICATE OF APPEALABILITY

For the reasons discussed in the Court's March 22, 2011 Order (see Doc. No. 88) and the Court's September 20, 2012 Order (see Doc. No. 123) the Petition for Writ of Habeas Corpus is DENIED as to all claims. The Court ISSUES a Certificate of Appealability ["COA"] on Claims 1-2, 6-8, 10, 14-15, 18, 20, 27-28, 30-31, 36, and 38 and DENIES a COA on Claims 3-5, 9, 11-13, 16-17, 19, 21-26, 29, 32-34, and 37. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484 (2000); (see also Doc. No. 88 at 81, Doc. No. 123 at 118.)

The Clerk is ORDERED to enter Judgment for Respondent and close Case No. 08-cv-0311. IT IS SO ORDERED.

20120925

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