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15-893 - SCRUGGS v. SUPERINTENDENT


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15-893 - SCRUGGS v. SUPERINTENDENT
January 29, 2016
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Entry Discussing Selected Matters - There was no manifest error of law or fact in this case. The court did not misapprehend the petitioner's claim, nor did it misapply the law to that claim in finding that the habeas petition was filed long after the expiration of the statute of limitations. Accordingly, the motion to alter or amend judgment (Dkt 23) is DENIED. Scruggs has failed to make a showing that reasonable jurists could disagree as to the conclusion that the habeas petition was not timely filed. His renewed motion for issuance of a certificate of appealability (Dkt 26) is therefore DENIED for the reasons explained on page 4 of the Entry filed on January 4, 2016. (See Dkt. 20). Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 1/29/2016. (JLS)