White v. Mullin et al

Filing 11

REPORT AND RECOMMENDATION re 7 MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Mike Mullin, 1 Petition for Writ of Habeas Corpus filed by George Timothy White. Because the Petitioner cannot avoid the time-bar based on tolling or actual innocence, the limitations period expired on November 2, 2009. See supra p. 4. The filing of the habeas petition on October 8, 2010,17 was over eleven months late. Consequently, the Court should grant the Respondents summary judgment motion. The present report serves to discharge the existing referral. Objections to R&R due by 1/10/2011. Signed by Magistrate Judge Robert Bacharach on 12/23/10. (jw, )

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