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16-342 - Dehner v. Warden, Chillicothe Correctional Institution


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16-342 - Dehner v. Warden, Chillicothe Correctional Institution
February 14, 2017
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REPORT AND RECOMMENDATION that respondent's 12 MOTION to Dismiss be Granted, the 5 Petition for Writ of Habeas Corpus be Dismissed with prejudice on the ground that the petition is time-barred under 28:2244(d), and petitioner's 6 MOTION for Stay and abeyance be Denied. 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 appeal in forma pauperis. Objections to R&R due by 2/28/2017. Signed by Magistrate Judge Karen L. Litkovitz on 2/14/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 21, 2017
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ORDER ADOPTING 20] REPORT AND RECOMMENDATIONS : Accordingly, respondents motion to dismiss (Doc. 12) is GRANTED. The petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 (Doc. 5) is DISMISSED with prejudice on the ground that the petition is time-barred under 28 U.S.C. §2244(d), and petitioners motion forstay and abeyance (Doc. 6) is DENIED. Signed by Judge Susan J. Dlott on 7/21/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)