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15-287 - TOLLIVER v. SUPERINTENDENT


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15-287 - TOLLIVER v. SUPERINTENDENT
January 7, 2016
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Entry Discussing Petition for Writ of Habeas Corpus and Denying Certificate of Appealability - For the reasons explained in this Entry, the petition of Theotis Tolliver for a writ of habeas corpus must be denied and the action dismissed with prejudice. In addition, the court finds that a certificate of appealability should not issue. Tolliver has encountered the hurdles produced by the 1-year statute of limitations and the doctrine of procedural default. His petition for writ of habeas corpus was filed long after the statute of limitations had expired. He has not shown the existence of circumstances permitting him to overcome this hurdle, and hence is not entitled to the relief he seeks. His petition for a writ of habeas corpus is therefore denied without a decision being made as to the merits of his claims. Judgment consistent with this Entry shall now issue. The court therefore denies a certificate of appealability. (See Entry.) Signed by Judge Jane Magnus-Stinson on 1/7/2016.(RSF)