Pendleton v. Ballard

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATION: it is the opinion of this Court that the 32 Report and Recommendation is hereby ORDERED ADOPTED. The Respondent's 14 Motion to Dismiss is GRANTED. This Court ORDERS that the 1 § 2254 petition be DISMISSED WITH PREJUDICE. The Petitioner's 25 Motion for Reconsideration from the District Court's Order Denying Petitioner's Motion Concerning Acquiring the May Term 1996 State Proceeding, 27 Amended Motion for Reconsideratio n of the same, and 19 Motion to File Supplemental Exhibits to be Added to the Recently Filed: Reply to Show Cause for Equitable Tolling are DENIED AS MOOT. Finally, the 31 Petition for Writ of Mandamus is DENIED. This Court further DIRECTS the C lerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court. As a final matter, upon an independent review of the record, this Court hereby DENIES the petitioner a certificate of appealability, findi ng that he has failed to make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Signed by District Judge John Preston Bailey on 7/7/2017. Copy mailed to pro se petitioner by CMRR. (cwm) (Additional attachment(s) added on 7/7/2017: # 1 Certified Mail Return Receipt) (cwm).