Wells v. Warden, Lebanon Correctional Institution

Filing 13

ORDER adopting 7 Report and Recommendation. Respondent's 5 Motion to Dismiss is GRANTED and the petition is DISMISSED with prejudice on the ground that it is barred from review under the one-year statute of limitations set forth in 28 U.S.C . § 2244(d). A certificate of appealability will not issue with respect to the petition. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting the Report and Recommendation will not be taken in good fai th and, therefore, DENIES petitioner leave to proceed on appeal in forma pauperis upon a showing of financial necessity. Signed by Chief Judge Susan J. Dlott on 3/29/2010. (mtw1) (Additional attachment(s) added on 3/30/2010: # 1 Certified Mail Receipt) (mtw1).

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