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15-1352 - Minefee v. Grafton Correctional Institution Warden


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15-1352 - Minefee v. Grafton Correctional Institution Warden
December 7, 2015
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Report and Recommendation that petitioner's 1 Petition for Writ of Habeas Corpus (2254) be dismissed as time barred. Petitioner's 12 motion for leave to amend the petition is granted. Petitioner's 13 Motion to compel production of the transcripts is denied as moot. Petitioner's 15 Motion for leave to file a reply instanter to respondent's reply is granted. Signed by Magistrate Judge Greg White on 12/7/2015. (S,S)
February 29, 2016
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ficate of appealability. Judge Benita Y. Pearson on 2/29/2016. (JLG) Memorandum of Opinion and Order For the reasons set forth herein, the Court hereby adopts the Magistrate Judge's 16 Report and Recommendation. Petitioner Patrick Minefee's Petition for a Writ of Habeas Corpus is dismissed as time barred. Petitioner's motion for leave to amend the petition (ECF No. 12) is granted. Petitioner's motion to compel production of the transcripts (ECF No. 13) is denied as moot. Petitioner's motion for leave to file a reply instanter to Respondent's reply (ECF No. 15) is granted. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certi
January 9, 2017
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y. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). Judge Benita Y. Pearson on 1/9/2017. (JLG)Memorandum of Opinion and Order Petitioner's Motion for Relief from Judgment (ECF No. 21) is denied. Petitioner's Objections to Magistrate's Report and Recommendation of 12/07/15 (ECF No. 21-2) are deemed timely filed and are overruled. The Court's earlier ruling (ECF Nos. 18, 19) adopting the Magistrate Judge's Report and Recommendation (ECF No. 16) and dismissing Petitioner Patrick Minefee's Petition for a Writ of Habeas Corpus (ECF No. 1) as time barred stands. Remand is unnecessary. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), 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 appealabilit