Amburgey v. Warden Chillicothe Correctional Institution
Filing 8
REPORT AND RECOMMENDATIONS re 2 Petition for Writ of Habeas Corpus and 6 Respondent's Motion to Dismiss. It is RECOMMENDED THAT Respondent's Motion to Dismiss 6 be GRANTED and Petitioner's Petition for Writ of Habeas Corpus p ursuant to 28 USC Section 2254 2 be DISMISSED with prejudice on the ground that the petition is time-barred under 28 USC Section 2244(d). It is further RECOMMENDED that a certificate of appealability should not issue with respect to any of the cla ims for relief alleged in the petition, and that the Court CERTIFY that an appeal would not be taken in "good faith," therfore DENYING Petitioner leave to appeal in forma pauperis. Objections to R&R due by 2/14/2014. Signed by Magistrate Judge Stephanie K. Bowman on 1/28/2014. (km1) (Additional attachment(s) added on 1/28/2014: # 1 Certified Mail Receipt) (km1).
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