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07-113 - Johnson v. Warden, Southern Ohio Correctional Facility

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07-113 - Johnson v. Warden, Southern Ohio Correctional Facility
December 5, 2007
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REPORT AND RECOMMENDATION that grounds One and Two of the petition 24 be Dismissed with prejudice on the grounds that they are barred from review under the one year statute of limitations set forth in 28 USC 2244(d). A certificate of appealability shouldnot issue with respect to Grounds One and Two of the petition. Any appeal of this matter would not be taken in good faith, and therefore, Deny petitioner leave to proceed on appeal in forma pauperis. Objections to R&R due by 12/19/2007. Signed by Magistrate Judge Timothy S Hogan on 12/4/2007. (art, )
January 14, 2008
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ORDER granting 25 Motion to Dismiss; adopting Report and Recommendation. a certificate of appealability will not issue. Petr. is denied leave to appeal IFP. Signed by Judge Sandra S Beckwith on 1/14/08. (mb)