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07-428 - King v. Warden Ross Correctional Institution


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07-428 - King v. Warden Ross Correctional Institution
March 26, 2008
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REPORT AND RECOMMENDATIONS that the MOTION to Dismiss 6 filed by Warden Ross Correctional Institution be GRANTED and that the Petition for Writ of Habeas Corpus 2 filed by Bruce A. King be DISMISSED with prejudice. A certificate of appealability should not issue with respect to the petition. The Court certifies that an appeal of any order adopting this Report and Recommendation would not be taken in "good faith" and, therefore, DENY petitioner leave to proceed on appeal in forma pauperis upon showing of financial necessity. Objections to R&R due by 4/9/2008. Signed by Magistrate Judge Timothy S Hogan on 3/26/08. (Attachments: # (1) Certified Mail Receipt) (scot1, )
July 18, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendations. Accordingly, Respondent's Motion to Dismiss 6 is GRANTED and the Petition is DISMISSED with prejudice on the ground that it is barred from review under the one- year statute of limitations set fort in 28 U.S.C. ยง 2244(d). A certificate of appealability will not issue with respect to the petition. The Court certifies that an appeal of any Order adopting this Report and Recommendation will not be taken in good faith and, therefore, DENIES petitioner leave to proceed on appeal in forma pauperis upon a showing of financial necessity. (scot1, )