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15-783 - Armstrong v. Warden, Ross Correctional Institution


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15-783 - Armstrong v. Warden, Ross Correctional Institution
June 30, 2016
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REPORT AND RECOMMENDATIONS re 8 Respondent's Motion to Dismiss. IT IS RECOMMENDED THAT: (1) Respondent's motion to dismiss 8 be GRANTED, and petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 1 be DISMISSED with prejudice on the ground that the petition is time-barred under 28 U.S.C. § 2244(d); (2) A certificate of appealability should not issue with respect to the claims for relief alleged in the petition, which this Court has concluded is barred from review on a procedural ground; (3) With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursuant to 28 U.S.C. § 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 7/18/2016. Signed by Magistrate Judge Stephanie K. Bowman on 6/30/2016. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 27, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 11). Respondent's motion to dismiss (Doc. 8) is granted, and Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is dismissed with prejudice. Signed by Judge William O. Bertelsman on 7/26/2016. (jee)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)