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16-857 - MONTERO v. DEPT OF HOMELAND SECURITY et al


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16-857 - MONTERO v. DEPT OF HOMELAND SECURITY et al
July 22, 2016
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REPORT AND RECOMMENDATION re 1 that the petition be dismissed as a successive petition. Objections to R&R due by 8/8/2016. Signed by Magistrate Judge Robert C. Mitchell on 07/22/2016. (Mitchell, Robert)
August 10, 2016
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ORDER indicating that the Magistrate Judge's Report and Recommendation 7 is adopted as the opinion of this Court; that the petition for a writ of habeas corpus filed by petitioner 5 is dismissed and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied; that all other pending motions are denied as moot and the Clerk of Court is directed to mark this case closed; that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure if the petitioner desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. Signed by Judge Nora Barry Fischer on 8/10/16. (jg)