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15-628 - Patrick v. Bunting

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15-628 - Patrick v. Bunting
December 29, 2015
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Order and Report and Recommendation: Petitioner's request for a stay (Related document 9) is denied; respondent's motion to strike supplemental grounds for relief (Related document 10) is granted; and petitioner's motion for leave to amend and supplement his pleadings with four additional grounds for relief (Related document 12) is denied; it is recommended that the Court grant respondent's motion to dismiss petitioner's federal habeas corpus petition, and find that the federal habeas corpus petition is untimely filed, not entitled to equitable tolling, and is not otherwise entitled to consideration under the actual innocence exception; further, it is recommended that the Court dismiss the petition, in its entirety, with prejudice(Related document 6). Signed by Magistrate Judge George J. Limbert on 12/29/15. (S,AA)
March 16, 2016
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Memorandum Opinion and Order Adopting Report and Recommendation 13 and dismissing 1 petition with prejudice. Petitioner's objections 15 are overruled. Petitioner's Motion for a Stay 9 is denied; Respondent's Motion to Strike Supplemental Grounds for Relief 10 is granted; Petionioner's Motion for Leave to Amend and Supplement Pleadings 12 is denied; and Respondent's Motion to Dismiss the Petition as time barred 6 is granted. Furthermore, the Court certifies, pursuant to 28:1915(a)(3), that an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. Judge Donald C. Nugent 3/16/16(C,KA)