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14-2073 - PELKEY v. HARRY


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14-2073 - PELKEY v. HARRY
March 2, 2016
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ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE HENRY S. PERKIN DATED 1/12/2016 IS APPROVED AND ADOPTED. THE PETITION UNDER 28 U.S.C. 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY FILED BY PRO SE PETITIONER, NORMAN M. PELKEY, IS DISMISSED, WITHOUT AN EVIDENTIARY HEARING ON THE GROUND THAT THE RECORD IN THE CASE ESTABLISHES THAT ALL CLAIMS SET FORTH IN THE PETITION ARE TIME-BARRED AND PROCEDURALLY DEFAULTED. PRO SE PETITIONER'S REQUEST FOR AN EVIDENTIARY HEARING IS DENIED. A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE BECAUSE REASONABLE JURISTS WOULD NOT DEBATE THE PROPRIETY OF THIS COURT'S PROCEDURAL RULINGS WITH RESPECT TO PETITIONER'S CLAIMS. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/1/2016. 3/2/2016 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL. (aeg)