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16-1110 - Albert v. Warden, Chillicothe Correctional Institution


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16-1110 - Albert v. Warden, Chillicothe Correctional Institution
May 18, 2017
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REPORT AND RECOMMENDATION re 5 MOTION to Dismiss filed by Warden Chillicothe Correctional Institution in that it is RECOMMENDED that Respondents Motion to Dismiss be GRANTED and that this action be DISMISSED as barred by the one-year statute of limitations established by 28U.S.C. ยง 2244(d). Objections to R&R due by 6/1/2017. Signed by Magistrate Judge Norah McCann King on 5/18/17. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 20, 2017
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ORDER adopting and affirming 7 Report and Recommendation; granting 5 Motion to Dismiss. This action is hereby DISMISSED. Moreover, Petitioner's request for a certificate of appealability is DENIED and the Court CERTIFIES, pursuant to 28 U.S.C. ยง 1915(a)(3), that an appeal from the judgment entered in this action would be objectively frivolous and not made in good faith. Signed by Judge George C. Smith on 6/20/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)