Morton v. Ercole
ORDER ADOPTING REPORT AND RECOMMENDATION: For the foregoing reasons, the Report is adopted in its entirety and the Petition is dismissed as untimely. In addition, because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue, see 28 U.S.C. 5 2253, and the Court certifies pursuant to 28 U.S.C. 5 1915(a)(3) that any appeal from this Order would not be taken in good faith. The Clerk of the Court is respectfully directed to enter judgment in favor of Respondent and to close this case. (Signed by Judge Richard J. Sullivan on 3/9/2010) (jpo)
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