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06-1809 - McMullan v. Roper


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06-1809 - McMullan v. Roper
June 20, 2008
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REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE re 12 MOTION to Stay filed by Alfred McMullan, Jr., 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.00.) filed by Alfred McMullan, Jr.; IT IS HEREBY RECOMMENDED that the petition of Alfred McMullan, Jr. for a writ ofhabeas corpus be DISMISSED without further proceedings for the reason that the petition isuntimely filed pursuant to 28 U.S.C. § 2244(d)(1).IT IS FURTHER RECOMMENDED that Petitioners Renewed Motion for Stay and Abeyance Based on Newly Discovered Evidence (Docket #12) be DENIED. The parties are advised that they have eleven (11) days in which to file written objections to this Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1), unless an extension of time for good cause is obtained, and that failure to file timely objections may result in a waiver of the right to appeal questions of fact. See Thompson v. Nix, 897 F.2d 356, 357 (8th Cir. 1990).. Signed by Mag Judge Terry I. Adelman on 6/20/08. (KMH)
August 18, 2008
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OPINION, MEMORANDUM, AND ORDER: IT IS ORDERED that the Petition for Writ of Habeas Corpus 1 is dismissed as untimely filed. IT IS FURTHER ORDERED that Petitioner's Renewed Motion for Stay and Abeyance Based on Newly Discovered Evidence 12 is DENIED. IT IS FURTHER ORDERED that the Court will not issue a Certificate of Appealability. A separate Order of Dismissal will accompany this Opinion, Memorandum, and Order. Signed by Honorable Henry E. Autrey on 8/18/08. (TRC)
August 18, 2008
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ORDER OF DISMISSAL: IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED. IT IS FURTHER ORDERED that a Certificate of Appealability will not issue. Signed by Honorable Henry E. Autrey on 8/18/08. (TRC)