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07-403 - Ellison v. Sheets


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07-403 - Ellison v. Sheets
March 25, 2008
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REPORT AND RECOMMENDATIONS re 13 MOTION to Dismiss Habeas Petition as Time-Barred. It is recommended that the 13 Motion to Dismiss be GRANTED and that the 1 Petition for Writ of Habeas Corpus be DISMISSED WITH PREJUDICE on the grounds that it is time barred from review under the one-year statute of limitations. A certificate of appealability should not issue. The court should certify that an appeal of this order would not be taken in good faith and petitioner be denied leave to appeal in forma pauperis. Objections to R&R due by 4/8/2008. Signed by Magistrate Judge Timothy S. Black on 3/25/08. (Attachments: # (1) Certified Mail Receipt) (eh1, )
April 29, 2008
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ORDER granting 13 Motion to Dismiss; adopting Report and Recommendation re 17. Petr's objections are overruled. The petition is dismissed with prejudice. A cert. of appealability will not issue. Petr. is denied leave to appeal IFP. Signed by Chief Judge Sandra S Beckwith on 4/29/08. (mb)