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09-2009 - Imburgia v. Bradshaw

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09-2009 - Imburgia v. Bradshaw
December 9, 2009
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Report and Recommended Decision. When the expiration of the limitations period is coupled with the failure of petitioner to establish extraordinary circumstances necessary to support equitable tolling, this petition must be deemed time-barred pursuant to 28 U.S.C. 2244(d)(1) and, therefore, this Court recommends that it be dismissed. Objections to R&R due by 12/23/2009. Signed by Magistrate Judge David S. Perelman on 12/9/09. (W,Jo) Modified text on 12/11/2009 (M,TL).
April 22, 2010
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Opinion and Order signed by Judge James S. Gwin on 4/22/10. The Court grants, in part, petitioner's motion for extension of time and considers the 2/18/10 objections as timely filed. The Court adopts the Report and Recommendation of the Magistrate Judge and the petition for writ of habeas corpus is dismissed as set forth in this entry. The Court certifies an appeal could not be taken in good faith and no basis exists upon which to issue an certificate of appealability. (Related Docs. 1, 7, 8, 9, 10, 11) (M,G)