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17-062 - SHRUBB v. CLARK et al


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17-062 - SHRUBB v. CLARK et al
December 7, 2017
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REPORT AND RECOMMENDATION that the Respondents's motion to dismiss 6 be granted because the Petitioner filed his claims outside AEDPA's one-year statute of limitations. It is further recommended that a certificate of appealability be denied. Objections to R&R due by 12/21/2017. Objections to R&R for Unregistered ECF Users due by 12/24/2017. Signed by Magistrate Judge Susan Paradise Baxter on 12/7/17. (lrw)
January 19, 2018
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MEMORANDUM OPINION re 15 REPORT AND RECOMMENDATION re 6 First MOTION to Dismiss for Lack of Jurisdiction filed by DISTRICT ATTORNEY OF ELK COUNTY, PA., 6 First MOTION to Dismiss for Lack of Jurisdiction filed by DISTRICT ATTORNEY OF ELK COUNTY, PA. After de novo review of the petition and documents in the case, together with the report and recommendation and objections thereto, the motion to dismiss will be granted and an appropriate order will be entered. Signed by Chief Judge Joy Flowers Conti on 1/19/2018. (smc)
January 19, 2018
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ORDER granting 6 Motion to Dismiss for Lack of Jurisdiction; adopting Report and Recommendations re 15 Report and Recommendations of Magistrate Judge Baxter is adopted as the opinion of the court. IT IS FURTHER ORDERED that a Certificate of Appealability of Magistrate Judge Baxter (ECF No. 15) is adopted as the opinion of the court. IT IS FURTHER ORDERED that the Clerk of Court shall mark this case CLOSED. AND IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if plaintiff wishes to appeal from this Order, a notice of appeal as provided in Federal Rule of Appellate Procedure 3 must be filed with the Clerk of Court, United States District Court, at 17 South Park Row, Room A-150, Erie, PA 16501, within thirty (30)days. Signed by Chief Judge Joy Flowers Conti on 1/19/2018. (smc)