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07-932 - Beard v. Warden, Lebanon Correctional Institution


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07-932 - Beard v. Warden, Lebanon Correctional Institution
September 4, 2008
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REPORT AND RECOMMENDATION that respondent's 7 MOTION to Dismiss be Granted, and that petitioner's 1 Petition for Writ of Habeas Corpus be Dismissed with prejudice on the ground that it is time-barred. A certificate of appealability should not issue. 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 9/22/2008. Signed by Magistrate Judge Timothy S Hogan on 9/3/2008. (art, )
November 17, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations. Accordingly, Respondent's 7 Motion to Dismiss is GRANTED and petitioner's petition for writ of habeas corpus is DISMISSED. (wam1, ) Modified docket text on 11/18/2008 (scot1, ).