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15-915 - Vanderschuit #247948 v. Ryan et al


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15-915 - Vanderschuit #247948 v. Ryan et al
December 8, 2015
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ding the status of the state court proceedings. See document for further details. Signed by Magistrate Judge Bridget S Bade on 12/08/2015. (REK)REPORT AND RECOMMENDATION: IT IS RECOMMENDED that Respondents' Motion to Stay Answer Deadline (Doc. 19) and Petitioner's Motion to Stay (Doc. 20) be GRANTED. IT IS FURTHER RECOMMENDED that Respondents' Motion for Clarification (Doc. 19) be DENIED as moot. IT IS FURTHER RECOMMENDED that if the district judge adopts the Report and Recommendation, no later than thirty days after the date of service of the district judge's order adopting this Report and Recommendation, Respondent must inform the Court of the status of Petitioner's proceeding in state court. Petitioner must diligently pursue his state remedies. Every ninety days after the filing of the initial status report, Respondent must file a report regar
February 18, 2016
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atus report, Respondents must file a report regarding the status of the state court proceedings. Signed by Senior Judge James A Teilborg on 2/18/2016. (REK)ORDER: Petitioner's Motion to Clarify, (Doc. 24), is reclassified as a Notice to the Court. The Report and Recommendation, (Doc. 21), is accepted and adopted, hereby granting Respondents Motion to Stay, (Doc. 19), and Petitioner's Motion to Stay. (Doc. 20). Accordingly, Petitioner's Petition for Writ of Habeas Corpus is stayed and held in abeyance until Petitioner's Ground Five claims are exhausted in state court. Petitioner's Motion to Strike Prior Motion and to Grant Leave to File an Amended Habeas Petition, (Doc. 23), is DENIED. Petitioner's objections to the Magistrate Judge's R&R, (Doc. 25), are overruled. This case is still referred to the Magistrate Judge for further proceedings. Within thirty days after the date of this Order, Respondents must inform the Court of the status of Petitioner's proceeding in state court. Petitioner must diligently pursue his state remedies. Every ninety days after the filing of the initial st
September 21, 2016
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***VACATED by Order 52***ORDER: The Magistrate Judge's Report and Recommendation (Doc. 44) is ACCEPTED; accordingly, Petitioner's Petition for Writ of Habeas Corpus is denied and dismissed with prejudice; in the event Petitioner files an appeal and consistent with the unobjected-to recommendation in the R&R (Doc. 44 at 33), the Court denies issuance of a certificate of appealability because jurists of reason would not find the procedural rulings debatable and Petitioner has not made a substantial showing of the denial of a constitutional right; and, the Clerk of the Court shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 9/21/2016. (REK) Modified on 11/4/2016 (REK).
December 21, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: The motion to supplement (Doc. 54) is granted to the limited extent that the Court considered the additional documents filed on November 23, 2016. The Report and Recommendation (Doc. 44) is accepted. The objections (Doc. 53) are overruled. The Clerk of the Court shall enter judgment denying and dismissing the Petition, with prejudice. Pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court denies issuance of a certificate of appealability because dismissal of portions of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable, and Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 12/21/2016. (REK)
February 6, 2017
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ORDER: Petitioner's motion for reconsideration of this Court's denial of a certificate of appealability (Doc. 59) is denied. Signed by Senior Judge James A Teilborg on 2/06/2017. (REK)