Filing 21

ORDER adopting 20 Report and Recommendations of Magistrate Judge Hay as the opinion of the Court; that the habeas petition filed pursuant to 28 U.S.C. § 2254 is dismissed as time barred or, in the alternative, as being meritless; that a certif icate of appealability is denied; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. Signed by Judge Nora Barry Fischer on 12/1/09. (jg) Modified on 12/2/2009 to correct typo. (ksa)

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