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07-437 - Gonzalez v. Warden, Warren Correctional Institution


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07-437 - Gonzalez v. Warden, Warren Correctional Institution
June 6, 2008
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Nader Gonzalez: that petition be DISMISSED with prejudice; certificate of appealability SHOULD NOT ISSUE; and IFP DENIED. Objections to R&R due by 6/23/2008. Signed by Magistrate Judge Timothy S. Black on 6/6/08. (jl1, )
July 18, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations. Accordingly, the petition is DISMISSED with prejudice on the ground that it is barred from review under the one-year statute of limitations set forth 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 onappeal in forma pauperis upon a showing of financial necessity. (scot1, )