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10-334 - Baine v. Mitchum


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10-334 - Baine v. Mitchum
August 20, 2013
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REPORT AND RECOMMENDATION recommending that the 1 Petition for Writ of Habeas Corpus be DENIED, & that no Certificate of Appealability should issue & that no appeal of this ruling be brought in forma pauperis. Objections to R&R due by 9/9/2013. Signed by Magistrate Judge Katherine P. Nelson. on 8/20/2013. (copy mailed to Pet on 8/20/13) (tot) Modified on 9/6/2013 (clr).
November 8, 2013
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ORDER ADOPTING 33 REPORT AND RECOMMENDATION as the opinion of this Court, with the additional discussion as set forth in order; and finding that Baine is not entitled to issuance of a Certificate of Appealability, and therefore, is not entitled to appeal in forma paupris. Signed by Judge Callie V. S. Granade on 11/8/2013. (copy to petitioner) (mab)
November 12, 2013
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JUDGMENT, Pet's petition for habeas corpus relief is DENIED &, further, that a certificate of appealability & leave to appeal in forma pauperis are DENIED. Signed by Judge Callie V. S. Granade on 11/12/2013. (copy mailed to Pet on 11/12/13) (tot)
October 26, 2016
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REPORT AND RECOMMENDATION recommending that the 56 MOTION for Relief from Judgment be DISMISSED for lack of jurisdiction to the extent it is an unauthorized second or successive habeas petition, & that it otherwise be DENIED, & further recommending that the Court find Baine not entitled to a certificate of appealability, or to proceed in forma pauperis on appeal because any appeal would not be taken in good faith. Objections to R&R due 14 days from the date of service. Signed by Magistrate Judge Katherine P. Nelson on 10/26/2016. (copy mailed to Pet on 10/26/16) (tot)
March 21, 2017
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ORDER ADOPTING 57 REPORT AND RECOMMENDATION. Pet's 56 MOTION for Relief from Judgment is DISMISSED for lack of jurisdiction to the extent it is an unauthorized second or successive habeas petition, & it is otherwise DENIED. Further, Baine is not entitled to a certificate of appealability, & the Court certifies that any appeal by Baine would not be taken in good faith, & he is not entitled to proceed in forma pauperis. Signed by Senior Judge Callie V. S. Granade on 3/21/2017. (copy mailed to Pet on 3/21/17) (tot)