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13-1362 - BAILEY v. MOONEY


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13-1362 - BAILEY v. MOONEY
October 8, 2013
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MEMORANDUM AND OPINION re 6 Petition for Writ of Habeas Corpus filed by DEMETRIUS BAILEY transferring petition to the Court of Appeals for consideration as a successive petition. Signed by Magistrate Judge Robert C. Mitchell on 10/08/2013. (Mitchell, Robert)
March 21, 2017
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REPORT AND RECOMMENDATION re 25 MOTION for Relief of Judgment, MOTION to Vacate filed by DEMETRIUS BAILEY recommending that the motion be dismissed as a successive petition and that a certificate of appealability be denied. Objections to R&R due by 4/4/2017. Objections to R&R for Unregistered ECF Users due by 4/7/2017. Signed by Magistrate Judge Robert C. Mitchell on 03/21/2017. (Mitchell, Robert)
January 30, 2018
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ORDER dismissing petitioner's 25 Motion for Relief / Motion to Vacate Challenging the Constitutionality of State Statue and that Petitioner's First Habeas Corpus Should be Equitably Tolled. The Court lacks jurisdiction to consider motion and, based on conclusion that no basis for appeal exists, a certification of appealability is denied. Further adopting 27 Report and Recommendation of Magistrate Judge Mitchell as the opinion of the Court. Signed by Judge David S. Cercone on 1/29/18. (njt)