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- ilnd;;1:03-cv-04997_de23 RegisterActionDate "2003-11-04" @default.
- ilnd;;1:03-cv-04997_de23 RegisterActionDescriptionText "MINUTE ORDER of 11/4/03 by Hon. Charles R. Norgle Sr : Petitioner's motion motion for leave to proceed on appeal in forma pauperis is denied [13-1] as moot, as the court had declined to isse a certificate of appealbility. Petitioner's "amended motion" for COA is denied because (a) petitioner has offered new evidence of actual innocence, let alone convincing evidence; (b) petitioner's "new" evidence of a possible Brady violation at trial could have been presented within the limitations period; even if AEDPA's one year limitations period could create a supspension clause problem there is noe here; and (c) even under pre-AEDPA law, prejudice to the state from delay in filing the petition would be ample grounds for dismissal under Habeas Rule 9(a). The appeal is frivolous. The clerk shall transmit a copy of this order to the Court of Appeals. Mailed notice (gcy) Modified on 11/18/2003 (Entered: 11/05/2003)" @default.
- ilnd;;1:03-cv-04997_de23 AdministrativeID "16" @default.
- ilnd;;1:03-cv-04997_de23 OntologyLabel order @default.