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07-278 - JOHNSON v. POLK

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07-278 - JOHNSON v. POLK
October 24, 2007
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by Judge P. TREVOR SHARP on 10/24/07, recommending that the State's motion to dismiss (Pleading No. 8) be granted and that this action be dismissed as time-barred. Further, IT IS ORDERED that Petitioner's ancillary motions (Pleading Nos. 4, 5, 6, 7, 10, and 13) are all DENIED as without merit in view of the time-barred nature of Petitioner's claims.(Welch, Kelly)
January 22, 2008
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ORDER signed by JUDGE N. C. TILLEY, JR on 1/22/08, adopting the Magistrate Judge's Recommendation, that Respondent's motion to dismiss [Pleading No. 8] be GRANTED and that this action be dismissed as time-barred. Finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is not issued. (Welch, Kelly)