Cruz v. New Hampshire, State of

Filing 14

///ORDER approving 8 Report and Recommendation. The Clerk shall enter judgment and close the case. So Ordered by Judge Steven J. McAuliffe.(vln)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE William M. Cruz v. Civil No. 13-cv-68-SM State of New Hampshire O R D E R After due consideration of the objection filed, I herewith approve the Report and Recommendation of Magistrate Judge Landya B. McCafferty dated July 17, 2013. The petitions (doc. nos 1 and 5) are dismissed as untimely filed. Additionally, finding that the petitioner has failed to make a substantial showing of the denial of a constitutional right, the court declines to issue a certificate of appealability. See 28 U.S.C.ยง 2253(c)(2); Rule 11, Rules Governing Habeas Corpus Cases Under Section 2254; First Cir. LR 22.0. The Clerk shall enter judgment and close the case. SO ORDERED. ____________________________ Steven J. McAuliffe United States District Judge Date: November 15, 2013 cc: William M. Cruz

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