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DANIEL CLARENCE FREDRICKS, Petitioner, v. ELDON VAIL, Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION

RONALD LEIGHTON, District Judge

The Court having reviewed the Report and Recommendation of the Hon. J. Richard Creatura, United States Magistrate Judge, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and Order:

(1) The Court adopts the Report and Recommendation;
(2) This petition is DISMISSED AS TIME BARRED.
(3) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED with respect to this petition.
(4) The clerk is directed to send copies of this Order to Petitioner, and the Hon. J. Richard Creatura.

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FREDRICKS v. VAIL
(Feb 1, 2010)