Denning v. Schweitzer et al
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|Date Filed||#||Document Text|
|December 7, 2009
ORDER ADOPTING REPORT AND RECOMMENDATIONS 37 . Petitioner's Petition for Writ of Habeas Corpus by a Person in State Custody Pursuant to 28 U.S.C. § 2254 6 is denied and that this action is dismissed with prejudice as time-barred. The Cle rk of the Court shall enter judgment accordingly. That a certificate of appealability shall issue solely as to the petitioner's contention that the statute of limitations set forth in 28 U.S.C. § 2244(d)(1) does not apply to his claim of actual innocence. Signed by Judge Paul G Rosenblatt on 12/6/09. (DMT, )
|October 27, 2009
REPORT AND RECOMMENDATION: Recommending that the District Court, after its independent review, dismiss Petitioner's 6 Petition for Writ of Habeas Corpus. Signed by Magistrate Judge Hector C Estrada on 10/26/09. (SAT)
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