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Dean Phillip Carter v. Kevin Chappell

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 18, 2013

DEAN PHILLIP CARTER, PETITIONER,
v.
KEVIN CHAPPELL, ACTING WARDEN OF SAN QUENTIN STATE PRISON, RESPONDENT.

The opinion of the court was delivered by: Hon. Roger T. Benitez 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 18, 2013 Order (see Doc. No. 170), the Petition for Writ of Habeas Corpus is DENIED as to all claims. The Court ISSUES a Certificate of Appealability ["COA"] on Claims 3-4 and DENIES a COA on Claims 1-2 and 5-16. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484 (2000); (see also Doc. No. 170 at 318.)

The Clerk is ORDERED to enter Judgment for Respondent and close Case No. 06-cv-1343.

IT IS SO ORDERED.

20130318

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