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08-824 - Huey v. Easterling


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08-824 - Huey v. Easterling
November 3, 2008
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MEMORANDUM. Signed by District Judge Aleta A. Trauger on 11/3/08. (dt)
November 3, 2008
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ORDER: As provided in the memorandum entered contemporaneously herewith, the court finds that the petition is untimely, and that equitable tolling is not warranted. Therefore, the petitioner's request for equitable tolling 10 is DENIED, and the respondent's motion to dismiss this action as untimely 17 is GRANTED. The petitioner's petition for federal habeas corpus relief 7 is DENIED, and this action is DISMISSED. As the petitioner has paid the filing fee, his motion to proceed in forma pauperis 9 is DENIED as moot. The petitioner's request for appointment of counsel, and to be provided with a copy of the record 1, 11, also are DENIED as moot. Signed by District Judge Aleta A. Trauger on 11/3/08. (cc: petitioner by reg. & cert. mail) (dt)