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16-946 - GERALD v. GARMEN


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16-946 - GERALD v. GARMEN
December 6, 2016
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cate of Appealability be denied. Objections to R&R due by 12/23/2016. Signed by Magistrate Judge Lisa Pupo Lenihan on December 6, 2016. (kcc)REPORT AND RECOMMENDATION recommending that the Motion to Dismiss the Petition for Writ of Habeas Corpus 10 be granted and that the Petition for Writ of Habeas Corpus (ECF No. 1) be dismissed as untimely. It is further recommended that a Certifi
February 3, 2017
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MEMORANDUM ORDER indicating that the Motion to Dismiss the Petition for Writ of Habeas Corpus 10 is granted; that the Petition for Writ of Habeas Corpus 1 is dismissed as untimely and that a Certificate of Appealability is denied; that the Magistrate Judge's Report and Recommendation 13 is adopted as the Opinion of the Court; that the Clerk of Court mark this case closed; that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Nora Barry Fischer on 2/3/17. (jg)