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16-083 - Pendleton v. Ballard


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16-083 - Pendleton v. Ballard
May 25, 2017
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OTION to File Supplemental Exhibits to be Added to the Recently Filed: Reply to Show Cause for Equitable Tolling re 18 Response in Opposition to Motion filed by Ricky Vincent Pendleton, denying 31 Petition for Writ of Mandamus filed by Ricky Vincent Pendleton, denying as moot 27 MOTION to Amend/Correct 25 MOTION for Reconsideration re 24 Order on Motion to Compel filed by Ricky Vincent Pendleton, denying as moot 25 MOTION for Reconsideration re 24 Order on Motion to Compel filed by Ricky Vincent Pendleton. Any party may, within fourteen 14 days of the filing of this recommendation, file with the Clerk of Court written objections. Signed by Magistrate Judge Robert W. Trumble on 5/25/17. (njz) copy mailed to pro se pet via cert. return rec't mail (Additional attachment(s) added on 5/25/2017: # (1) Certified Mail Return Receipt) (njz).REPORT AND RECOMMENDATIONS recommending dismissing with prejudice 1 Petition for Writ of Habeas Corpus filed by Ricky Vincent Pendleton, granting 14 MOTION to Dismiss the Petition as Untimely filed by David Ballard, denying 19 M
July 7, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: it is the opinion of this Court that the 32 Report and Recommendation is hereby ORDERED ADOPTED. The Respondent's 14 Motion to Dismiss is GRANTED. This Court ORDERS that the 1 § 2254 petition be DISMISSED WITH PREJUDICE. The Petitioner's 25 Motion for Reconsideration from the District Court's Order Denying Petitioner's Motion Concerning Acquiring the May Term 1996 State Proceeding, 27 Amended Motion for Reconsideration of the same, and 19 Motion to File Supplemental Exhibits to be Added to the Recently Filed: Reply to Show Cause for Equitable Tolling are DENIED AS MOOT. Finally, the 31 Petition for Writ of Mandamus is DENIED. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court. As a final matter, upon an independent review of the record, this Court hereby DENIES the petitioner a certificate of appealability, finding that he has failed to make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Signed by District Judge John Preston Bailey on 7/7/2017. Copy mailed to pro se petitioner by CMRR. (cwm) (Additional attachment(s) added on 7/7/2017: # (1) Certified Mail Return Receipt) (cwm).