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07-587 - Brown v. Warden Chillicothe Correctional Institution


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07-587 - Brown v. Warden Chillicothe Correctional Institution
June 6, 2008
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REPORT AND RECOMMENDATION that respondent's motion to dismiss (Doc. 6) be GRANTED and petition be DISMISSED; petitioner's motion requesting case be held in abeyance (doc. 8) be DENIED; 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. (Attachments: # (1) cert) (jl1, )
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 (Doc. 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 forth in 28 U.S.C. ยง 2244(d). Petitioners motion requesting the case be held in abeyance (Doc. 8) is DENIED. A certificate of appealability will not issue with respect to the petition. The Court certifies that an appeal of anyOrder adopting the Report and Recommendation will not be taken in good faith and, therefore, DENIES petitioner leave to proceed on appeal in forma pauperis upon showing of financial necessity. (scot1, )