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08-149 - Lococo v. Department of Corrections of Missouri et al


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08-149 - Lococo v. Department of Corrections of Missouri et al
March 7, 2008
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OPINION, ORDER, AND MEMORANDUM: IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis 2 is GRANTED. IT IS FURTHER ORDERED that no order to show cause shall issue at this time as to respondent, because the instant habeas petition appears to be time-barred under 28USC2244(d)(1). IT IS FURTHER ORDERED that petitioner shall show cause within thirty (30) days of the date of this Order as to why the Court should not dismiss the instant application for writ of habeas corpus as time-barred. Petitioner's failure to file a show cause response shall result in the denial of the instant habeas corpus petition and the dismissal of this action as time-barred.(Show Cause Response due by 4/7/2008.). Signed by Honorable Henry E. Autrey on 3/7/08. (TRC)
April 30, 2008
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ORDER OF DISMISSAL: IT IS HEREBY ORDERED that petitioner's petition for a writ of habeas corpus pursuant to 28USC2254 is DISMISSED, without prejudice, as time-barred under 28USC2244(d)(1). IT IS FURTHER ORDERED that petitioner is DENIED a certificate of appealability if he appeals this order of dismissal. Signed by Honorable Henry E. Autrey on 4/30/08. (TRC)