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16-362 - Frank v Oliver


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16-362 - Frank v Oliver
October 4, 2016
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REPORT AND RECOMMENDATIONS: It is recommended that the 5 Petition for Writ of Habeas Corpus be dismissed for lack of jurisdiction as an unauthorized second or successive petition. The pending motions (Doc. 7 & 8) are moot. Objections to R&R due 14 days from the date of service of this document.. Signed by Magistrate Judge Katherine P. Nelson on 10/4/2016. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3) - Copy mailed to Plaintiff. (tgw)
November 3, 2016
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ORDER ADOPTING the 11 REPORT AND RECOMMENDATIONS. It is ORDERED that David Lee Frank's operative Petition for a Writ of Habeas Corpus (Doc. 5) is DISMISSED for lack of jurisdiction as an unauthorized second or successive petition. The motions (Docs. 7, 8) are MOOT. The Court certifies that any appeal of the dismissal would be without merit. Frank is not entitled to proceed in forma pauperis on appeal. Signed by Chief Judge William H. Steele on 11/3/2016. Copy mailed to Petitioner. (tgw) (VACATED per Doc. 19) Modified on 1/19/2017 (nah).
November 3, 2016
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JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that JUDGMENT is entered in favor of the Respondent and against Petitioner, that this action is DISMISSED for lack of jurisdiction, and that Frank is not entitled to appeal in forma pauperis. Signed by Chief Judge William H. Steele on 11/3/2016. Copy mailed to Petitioner. (tgw) (VACATED per Doc. 19) Modified on 1/19/2017 (nah).
January 19, 2017
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ORDER ADOPTING the 11 REPORT AND RECOMMENDATIONS. The Court's 12 Order Adopting the Report and Recommendations and 13 Judgment are vacated. It is ordered that the petition is dismissed for lack of jurisdiction. The motions (Docs. 7, 8), are moot. The Court certifies that any appeal of the dismissal would be without merit. Petitioner is not entitled to proceed in forma pauperis on appeal. Petitioner's 18 MOTION to subpoena records is denied. Signed by Chief Judge William H. Steele on 1/19/2017. Copy mailed to Petitioner. (nah)