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07-833 - Ivory v. Turner

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07-833 - Ivory v. Turner
July 18, 2008
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REPORT AND RECOMMENDATION recommending 15 Motion to Dismiss be granted and this petition be dismissed with prejudice. Signed by Magistrate Judge Juliet E. Griffin on 7/18/08. (gi)
September 16, 2008
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ORDER: The Report and Recommendations 21 is Accepted. Petitioner's "Objection in Opposition to Magistrate Judge Report and Recommendation" 26 is hereby OVERRULED. Respondent's Motion to Dismiss 15 is Granted. This case is hereby Dismissed with prejudice. Entry of this Order on the docket shall constitute entry of a final judgment in accordance with Federal Rules of Civil Procedure 58 and 79(a). Further, because Petitioner cannot demonstrate that reasonable jurists would find the Courts assessment of the timeliness of Petitioners habeas petition debatable or wrong, a Certificate of Appealability will not issue. Signed by Senior Judge Robert Echols on 9/16/08. (cc: pltf by reg. & cert. mail)(dt)