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Harper v. Lawler

July 9, 2010

SAMUEL D. HARPER, PETITIONER,
v.
RAYMOND J. LAWLER, ET AL., RESPONDENTS



The opinion of the court was delivered by: Yohn, J.

Order

And now, this 9th day of July, 2010, upon careful consideration of the instant petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, the government's response, the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter, and petitioner's objections thereto, it is hereby ORDERED that:

1. Petitioner's objections are OVERRULED.

2. The Report and Recommendation of United States Magistrate Judge Thomas J. Rueter is APPROVED and ADOPTED.

3. The petition for writ of habeas corpus is DISMISSED as untimely.

5. The petitioner having failed to make a substantial showing of the denial of a constitutional right, there is no ground to issue a certificate of appealability, see 28 U.S.C. § 2253(c).

6. The Clerk shall CLOSE this case statistically.

William H. Yohn Jr., Judge

20100709

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