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Aterinthius R. Giles v. Kenneth S. Tucker

January 5, 2012

ATERINTHIUS R. GILES, PETITIONER,
v.
KENNETH S. TUCKER, RESPONDENT.



The opinion of the court was delivered by: Richard Smoak United States District Judge

ORDER

Before me is the Magistrate Judge's Report and Recommendation (Doc. 18). Petitioner has not filed a response.

IT IS ORDERED:

1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order.

2. Respondent's Motion to Dismiss (Doc. 15) is GRANTED.

3. The Amended Petition for Writ of Habeas Corpus (Doc. 5) is DISMISSED with prejudice as untimely.

4.A certificate of appealability is DENIED because Petitioner has not made a substantial showing of a denial of a constitutional right.

Richard Smoak

20120105

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