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06-3019 - McKinney v. Eberlin


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06-3019 - McKinney v. Eberlin
May 15, 2008
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Report and Recommendation for a finding that this petition, filed years after the expiration of the statutory time limit, is time-barred and the dismissal of this petition with prejudice for that reason (Related Doc # 3). Objections to R&R due by 5/29/2008. Referral Terminated. Signed by Magistrate Judge William H. Baughman, Jr. on 05/15/2008. (G,GS)
June 5, 2008
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Memorandum of Opinion and Order Adopting Report and Recommendation re 12 Report and Recommendation, Terminate Referral and grants Respondent's motion to dismiss (ECF No. 7) and Dismisses with Prejudice the Petition(ECF No.1). Judge Dan Aaron Polster on 6/5/08. (E,P) Modified text on 6/6/2008 (E,P).
June 5, 2008
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Judgment Entry that this case is hereby terminated and dismissed as final. Furthermore, pursuant to 28 U.S.C. section 2253(c) and Fed.R.App.P. 22(b), there is no basis upon which to issue a certificate of appealability. The court certifies pursuant to 28 U.S.C. section 1915(a)(3) that an appeal from this decision could not be taken in good faith. Judge Dan Aaron Polster on 6/5/08. (E,P)