GEER v. NISH
MEMORANDUM ORDER: AND NOW, this 6th day of January, 2011; IT IS ORDERED that the Petition for Writ of Habeas Corpus be, and hereby is DENIED. Inasmuch as jurists of reason would not find it debatable whether the instant petition is untimely under 28 U.S.C. § 2244(d)(1) and/or whether the Petitioner has made a substantial showing of the denial of a constitutional right, IT IS FURTHER ORDERED that no certificate of appealability shall issue.The Report and Recommendation of Magistrate Judge Baxter dated December 3, 2010 33 is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 1/6/2011. (kas)
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