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06-4842 - GONZALEZ v. WYNDER et al


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06-4842 - GONZALEZ v. WYNDER et al
March 11, 2010
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ORDER THAT MAGISTRATE JUDGE RESTREPO'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. IT IS FURTHER ORDERED THAT PETITIONER'S OBJECTIONS TO MAGISTRATE JUDGE RESTREPO'S REPORT AND RECOMMENDATION ARE OVERRULED. IT IS FURTHER ORDERED THAT THE PRO SE PETITION FOR HABEAS CORPUS RELIEF IS DISMISSED AS TIME-BARRED WITHOUT A HEARING. IT IS FURTHER ORDERED THAT BECAUSE PETITIONER FAILS TO DEMONSTRATE DENIAL OF A CONSTITUTIONAL RIGHT, A CERTIFICATE OF APPEALABILITY IS DENIED. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 3/10/10. 3/11/10 ENTERED AND COPIES MAILED, E-MAILED.(er, )