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15-2634 - Gibbs v. Tibbals


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15-2634 - Gibbs v. Tibbals
May 2, 2016
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Report and Recommendation that Petitioner's 4 Petition for Writ of Habeas Corpus is time-barred. Accordingly the Court should grant Respondent's 10 Motion to dismiss the petition with prejudice. The Court should also deny the certificate of appealability. Objections to R&R due by 5/16/2016. Signed by Magistrate Judge Thomas M. Parker on 5/2/2016. (O,K)
May 31, 2016
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8 U.S.C. Section 2253(c); Fed. R. App. P. 22(b). (Doc. No. 11). Judge Sara Lioi on 5/31/2016. (P,J)Memorandum Opinion: The Court has reviewed the Magistrate Judge's report and recommendation and adopts the same, accepting the recommendations contained therein. Accordingly, respondent's motion to dismiss the petition is granted. The petition for a writ of habeas corpus is dismissed as time-barred, and this case is closed. Further, the Court certifies that an appeal could not be taken in good faith and that there is no basis upon which to issue a certificate of appealability. 2