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16-1085 - DUKES v. COLEMAN

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16-1085 - DUKES v. COLEMAN
October 17, 2016
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10-17-2016. A copy of the Report together with this Notice of Electronic Filing are being sent to Petitioner at his address of record via first class mail. (tmr)REPORT AND RECOMMENDATION re 7 Petition for Writ of Audita Querela, filed by MICHAEL DUKES, recommending that it be dismissed sua sponte pre-service because Petitioner cannot use a Petition for Writ of Audita Querela to implicitly attack his state court conviction or in a civil action to attack the constitutionality of statutes restricting the introduction of new evidence of alleged actual innocence. Objections to R&R due by 11/3/2016. Signed by Chief Magistrate Judge Maureen P. Kelly on
November 9, 2016
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ORDER adopting 8 Magistrate Judge's Report and Recommendation on 7 Petition for Writ of Habeas Corpus as the opinion of the Court as supplemented by this Order. The Petition is DENIED for lack of jurisdiction. A certificate of appealability is DENIED. The Clerk is to mark CASE CLOSED. Signed by Judge Arthur J. Schwab on 11/9/16. (eet)