Simmons #063313 v. Brewer
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|Date Filed||#||Document Text|
|October 9, 2013
ORDER ACCEPTING 33 Report and Recommendation of the United States Magistrate Judge. IT IS ORDERED DENYING AND DISMISSING with prejudice the second amended petition for writ of habeas corpus (Doc. 10 ). IT IS FURTHER ORDERED DENYING petitioner 39;s motion to stay or alternatively dismiss without prejudice (Doc. 34 ). IT IS FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal because dismissal of the habeas petition is required by the expiration of the statute of limitations and jurists of reason would not find the ruling debatable. Signed by Senior Judge Frederick J Martone on 10/9/13. (LSP)
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