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09-1611 - Richardson v. Kelly

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09-1611 - Richardson v. Kelly
February 11, 2010
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Report and Recommended Decision. When the lack of tolling of the limitations period consequent to petitioner's state court filings is coupled with the failure of petitioner to convincingly establish extraordinary circumstances in support of equitable tolling, this petition is time-barred pursuant to 28 U.S. 2449(d)(1) and, therefore, this Court recommends that it be dismissed. Objections to R&R due by 2/25/2010. Signed by Magistrate Judge David S. Perelman on 2/11/10. (W,Jo) Modified on 2/12/2010 (S,HR).
March 4, 2010
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Order adopting Report and Recommendation of Magistrate Judge. (Related Doc # 9). The above captioned petition for writ of habeas corpus is dismissed as time-barred under 28 U.S.C. Section 2244(d)(1). (Related Doc # 1). Further, the Court certifies that an appeal from this decision could not be taken in good faith and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. Sections 1915(a)(3), 2253(c); Fed.R.App.P. 22(b). Judge Sara Lioi on 3/4/2010. (P,J)