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06-1819 - Cotton v. Schriro et al


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06-1819 - Cotton v. Schriro et al
March 4, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 13. That Defendants Motion to Dismiss (Doc. #11) is denied (without prejudice to re-raising any arguments therein in objection to any future report and recommendation on the merits of this case, if appropriate). That the motion for extension of time (Doc. #15) and the motion to stay (Doc. #16) remain pending before the Magistrate Judge.. Signed by Judge James A Teilborg on 3/4/08. (DMT, )
May 16, 2008
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REPORT AND RECOMMENDATIONS re 16 MOTION to Stay, 1 Petition for Writ of Habeas Corpus. The parties have 10 days from the date of service to file specific written objections. The Clerk to mail a copy of the Report & Recommendation to Petitioner and counsel for Respondents. Signed by Magistrate Judge Jennifer C Guerin on 5/16/08. (CKM, )
August 7, 2008
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ORDER that the motion to stay 16 is denied as moot. FURTHER ORDERED that the R&R 24 is accepted in part, modified in part, and rejected in part, as indicated above. The objections (Doc. #26) are sustained or overruled as indicated above. FURTHER ORDERED that the Petition is denied and dismissed with prejudice because it is barred by the statute of limitations, and the Clerk of the Court shall enter judgment accordingly. Signed by Judge James A Teilborg on 8/7/08.(KMG, )
September 11, 2008
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ORDER ON CERTIFICATE OF APPEALABILITY AND IN FORMA PAUPERIS STATUS. Certificate of Appealability and leave to proceed in forma pauperis on appeal are granted. Petitiner has made an underlying claim that jurists of reason would find debatable and jurists of reason would find it debatable whether the district court was correct in the following procedural rulings (see order for details). The Clerk of Court shall forthwith notify the parties of the entry of this Order regarding Certificate of Appealability and In Forma Pauperis Status on Appeal. Signed by Judge James A Teilborg on 9/10/08. (TLJ)