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Michael Hubbard v. Mariosa Lamas

May 9, 2013

MICHAEL HUBBARD
v.
MARIOSA LAMAS, ET AL.



The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 9th day of May 2013, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, and after careful review of the Report and Recommendation of Magistrate Judge Elizabeth T. Hey, to which no objections have been filed, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. The Petition is DISMISSED AS UNTIMELY FILED;

3. Petitioner's Motion for a Stay and Abeyance [Doc. No. 25] is DISMISSED AS MOOT;

4. There is no basis for the issuance of a certificate of appealability; and

5. The Clerk is directed to CLOSE the case.

It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe

20130509

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