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07-269 - LARKINS v. BROOKS et al


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07-269 - LARKINS v. BROOKS et al
June 26, 2008
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REPORT AND RECOMMENDATION that 1 Petition for Writ of Habeas Corpus filed by RILEY LARKINS, JR., be dismissed as untimely and that a certificate of appealability be denied; and that 11 MOTION to Dismiss re 1 Petition for Writ of Habeas Corpus filed by THE DISTRICT ATTORNEY OF THE COUNTY OF ERIE, be granted. Objections to R&R due by 7/14/2008. Signed by Judge Susan Paradise Baxter on 6/26/08. (lrw)
July 15, 2008
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MEMORANDUM ORDER: It is hereby ORDERED that Petitioner's Petition for Writ of Habeas Corpus is DISMISSED as untimely and a certificate of appealability is DENIED; it is further ORDERED that 11 Defendants' Motion to Dismiss is GRANTED; adopting 13 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 7/15/2008. (rlh, )