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16-1023 - Pena v. Turner


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16-1023 - Pena v. Turner
January 5, 2017
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te Judge Kathleen B. Burke on 1/5/2017. (D,I)Report and Recommendation that the Court GRANT Respondent's Motion to Dismiss (Doc. 6) and DISMISS with prejudice Pena's Petition (Doc. 1) as barred by the statute of limitations. Objections to R&R due by 1/19/2017. Magistra
March 24, 2017
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Order: Petitioner's objections to the Magistrate Judges Report and Recommendation (Doc. 17) be, and the same hereby are, overruled; The Report and Recommendation (Doc. 16) be, and the same hereby is, adopted as the order of the court; Respondents motion to dismiss the petition (Doc. 6) be, and the same hereby is, granted with prejudice; No certificate of appealability shall issue, as reasonable judges would not debate the correctness of the courts timeliness decision; and In accordance with 28 U.S.C. ยง 1915(a)(3), I certify that an appeal from this decision could not be taken in good faith and will not be allowed without prepayment of the filing fee. Related document(s) 1, 6 and 16. Judge James G. Carr on 3/24/2017. (D,TM)