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16-185 - Watson v. Mirandy


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16-185 - Watson v. Mirandy
July 19, 2017
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REPORT AND RECOMMENDATION; Magistrate Judge Recommends that re 1 Petition for Writ of Habeas Corpus, filed by Robert W. Watson, Jr. be DENIED and DISMISSED WITH PREJUDICE because it is untimely and re 15 MOTION to Dismiss the Petition as Untimely filed by Pat Mirandy be GRANTED. Within fourteen (14) days after being served with a copy of this Recommendation, any party may file with the Clerk of the Court written objections identifying the portions of the Recommendation to which objections are made, and the basis for such objections. Signed by Magistrate Judge Michael John Aloi on 7/19/2017. (copy pro se Petitioner via certified mail) (jmm) (Additional attachment(s) added on 7/19/2017: # (1) Certified Mail Return Receipt) (jmm).
August 7, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION DKT. NO. 31, GRANTING RESPONDENTS MOTION TO DISMISS DKT. NO. 15, AND DENYING AND DISMISSING WITH PREJUDICE THE PETITION DKT. NO. 1. It is so ORDERED the Court ADOPTS the R&R Dkt. No. 31;OVERRULES Watsons objections Dkt. No. 34; GRANTS the respondents motion to dismiss the Petition as untimely Dkt. No. 15; and DENIES the Petition Dkt. No. 1 and DISMISSES this case WITH PREJUDICE. Court DENIES a certificate of appealability. Clerk is further DIRECTED to enter a separate judgment order and to remove this case from the Courts active docket. Signed by District Judge Irene M. Keeley on 8/7/2017. (copy counsel of record via CM/ECF, Copy Pro Se Petitioner via certified mail)(jmm) (Additional attachment(s) added on 8/7/2017: # (1) Certified Mail Return Receipt) (jmm).