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15-123 - Wright v. Warden, Noble Correctional Institution


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15-123 - Wright v. Warden, Noble Correctional Institution
February 11, 2016
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REPORT AND RECOMMENDATIONS re 12 Respondent's Motion to Dismiss. IT IS RECOMMENDED THAT: (1) Respondent's Motion to Dismiss 12 be GRANTED, and Petitioner's petition for a writ of habeas corpus pursuant 28 USC Section 2254 7 be DISMISSED with prejudice on the ground that the petition is time-barred under 28 USC Section 2244(d); (2) A certificate of appealability should not issue with respect to any of the claims for relief alleged in the petition; and (3) that the Court certify pursuant to 28 USC Section 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith," and therefore DENY Petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 2/29/2016. Signed by Magistrate Judge Stephanie K. Bowman on 2/11/2016. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 8, 2016
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ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS : respondents motion to dismiss (Doc. 12) is GRANTED and petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 7) is DISMISSED with prejudice on the ground that the petition is time-barred under 28 U.S.C. § 2244(d). The Court DENIES petitioners motion for the district judge to recuse (Doc. 37). Signed by Judge Susan J. Dlott on 7/8/2016. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified docket text on 7/11/2016 (eh).