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08-350 - Smith v. Warden Lebanon Correctional Institution

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08-350 - Smith v. Warden Lebanon Correctional Institution
October 2, 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 as 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 10/20/2008. Signed by Magistrate Judge Timothy S Hogan on 10/1/2008. (art, )
November 17, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations. Accordingly, Repondent's 7 Motion to Dismiss is GRANTED. (wam1, ) Modified docket text on 11/18/2008 (scot1, ).