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13-648 - McGilvery v. Stephens

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13-648 - McGilvery v. Stephens
December 26, 2013
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Findings and Recommendations on Case re: 1 Petition for Writ of Habeas Corpus, filed by Alvin C McGilvery. Magistrate Judge Jeffrey L Cureton no longer assigned to case. Objections to F&R due by 1/16/2014. (Ordered by Magistrate Judge Jeffrey L Cureton on 12/26/2013) (mem)
January 22, 2014
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ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS and ORDER DENYING CERTIFICATE OF APPEALABILITY granting 10 MOTION to Dismiss; adopting 11 Findings, Conclusions and Recommendations... Alvin C. McGilvery's petition for writ of habeas corpus under 28 U.S.C. ยง 2254 is DISMISSED WITHOUT PREJUDICE, except as to any application of the federal statute of limitations or other federal procedural bar that may apply... a certificate of appealability should not issue for the reasons stated in the December 26, 2013 Findings, Conclusions, and Recommendation of the United States Magistrate Judge... see Order for further specifics. (Ordered by Judge Sam R Cummings on 1/22/2014) (krg)