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07-3346 - JONES v. PIAZZA et al


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07-3346 - JONES v. PIAZZA et al
July 24, 2008
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EXPLANATION AND ORDER - UPON CONSIDERATION OF THE PETITION FOR WRIT OF HABEAS CORPUS FILED PURSUANT TO 28 U.S.C. SS 2254, AND AFTER REVIEW OF THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE LINDA K. CARACAPPA, IT IS ORDERED THAT:. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED.. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITH PREJUDICE.. A CERTIFICATE OF APPEALABILITY SHOULD NOT ISSUE BECAUSE PETITIONER HAS FAILED TO SHOW THAT A REASONABLE JURIST COULD CONCLUDE THAT THE COURT IS INCORRECT IN DISMISSING THE PETITION AS TIME-BARRED.. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE ANITA B. BRODY ON 7/22/2008. 7/24/2008 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )