Frausto v. Arizona, State of et al
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|Date Filed||#||Document Text|
|December 8, 2015
ORDER sustaining the objection to the Report and Recommendation, (Doc. 19 ). The 1-year AEDPA statute of limitations expired on February 26, 2009. The Report and Recommendation of the Magistrate Judge, (Doc. 18 ), is accepted with the exceptions n oted above. Having considered the issuance of a Certificate of Appealability from the order denying Petitioner's Petition for a Writ of Habeas Corpus, a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied be cause dismissal of the Petition is justified by a plain procedural bar. The Clerk shall enter judgment denying and dismissing Petitioner's Amended Petition for Writ of Habeas Corpus filed pursuantto 28 U.S.C. § 2254, (Doc. 9 ), with prejudice. The Clerk shall terminate this action. Signed by Judge Douglas L Rayes on 12/8/15. (LSP)
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