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16-060 - Banda v. Davis

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16-060 - Banda v. Davis
August 9, 2016
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus Objections to R&R due by 8/23/2016(Signed by Magistrate Judge Ignacio Torteya, III) Parties notified.(jtabares, 1)
September 6, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 12 Report and Recommendations. It is therefore ordered, adjudged and decreed that Banda's 2254 Petition for Writ of Habeas Corpus is dismissed as time-barred by the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations. Respondent's motion for summary judgment is dismissed as moot. A certificate of appealability shall not issue. (Signed by Judge Rolando Olvera) Parties notified.(dnoriega, 1)