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15-158 - STEWART v. WARDEN

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15-158 - STEWART v. WARDEN
April 19, 2016
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ORDER granting 20 MOTION for Leave to File Petition for ReClass and to Traverse and 14 MOTION to Amend/Correct; REPORT AND RECOMMENDATION re 16 MOTION to Dismiss Petition as Untimely and/or for Lack of Exhaustion. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 4/19/16. (AGH)
June 1, 2016
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ORDER ADOPTING 22 Report and Recommendations and GRANTING 16 Motion to Dismiss. The petition is DISMISSED, and a certificate of appealability is DENIED. Additionally, because there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith. See 28 U.S.C. ยง 1915(a)(3). Accordingly, any motion to proceed in forma pauperis on appeal is DENIED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/1/2016. (tlh)