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16-523 - FOSTER v. SLAGLE

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16-523 - FOSTER v. SLAGLE
May 22, 2017
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/22/2017; that Respondent's Motion to Dismiss [Doc.#4] be GRANTED, that the Petition [Doc. #1] be DISMISSED, and that this action be dismissed. (Sheets, Jamie)
July 12, 2017
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ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 7/12/2017 adopting the Magistrate Judge's Recommendation 8; that Respondent's motion to dismiss this action for being filed beyond the one-year limitation period (Doc. 4) is GRANTED, that Petitioner's Petition under 28 U.S.C. ยง 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. 1) is DENIED, and that this action be, and is hereby, dismissed with prejudice. A Judgment dismissing this action will be entered contemporaneously with this Order. 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. (Sheets, Jamie)