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18-104 - Gearhart v. NH Department of Corrections, Commissioner


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18-104 - Gearhart v. NH Department of Corrections, Commissioner
April 27, 2018
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REPORT AND RECOMMENDATION RE 1 Petition for Writ of Habeas Corpus, 5 Motion TO/FOR Tolling of Statute of Limitations on Habeas Corpus, 8 Motion to Dismiss, recommending the district judge should grant respondent's motion to dismiss (Doc. No. 8) and deny as moot both Gearhart's petition (Doc. No. 1) and her motion (Doc. No. 5) as to the statute of limitations. The district judge should decline to issue a certificate of appealability. Follow up on Objections to R&R on 5/11/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). So Ordered by Magistrate Judge Andrea K. Johnstone.(js)
May 23, 2018
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///ORDER approving 9 Report and Recommendation; granting 8 Motion to Dismiss; denying as moot 5 Motion TO/FOR Tolling of Statute of Limitations on Habeas Corpus; denying as moot 1 PETITION for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. So Ordered by Judge Paul J. Barbadoro.(js)