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16-652 - (HC) Coleman v. Baughman, et al.


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16-652 - (HC) Coleman v. Baughman, et al.
April 12, 2016
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ORDER signed by Magistrate Judge Allison Claire on 4/11/16 Petitioner shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district. Petitioners failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.(Dillon, M)
October 18, 2016
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ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/18/16 ORDERING that 4 Motion to Proceed IFP is GRANTED; the $5.00 filing fee is WAIVED. The Clerk of Court is directed to randomly assign a district judge to this action. It is RECOMMENDED that the instant action filed pursuant to 28 U.S.C. § 2254 be dismissed without prejudice for failure to state a cognizable claim for habeas relief. See Rule 4, Rules Governing Section 2254 Cases; Nettles v. Grounds, 830 F.3d 922 (July 26, 2016) (en banc); and the Clerk of Court be directed to close this case. Randomly assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days. (Dillon, M)
December 20, 2017
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ORDER signed by Magistrate Judge Allison Claire on 12/19/17 ORDERING respondent is directed to file and serve a reply to petitioner's opposition to respondent's motion to dismiss this action within 21 days after the filing date of this order. (Plummer, M)
February 9, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/8/2018 RECOMMENDING that 11 Motion to Dismiss be granted and this action be dismissed as procedurally barred and for failure to exhaust state judicial remedies. Referred to Judge Morrison C. England, Jr. Objections due within 21 days after service of these findings and recommendations. (Fabillaran, J)
March 21, 2018
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ORDER signed by District Judge Morrison C. England, Jr. on 3/20/2018 ADOPTING 21 Findings and Recommendations in Full. The 11 Motion to Dismiss is GRANTED and this action is DISMISSED as procedurally barred and for failure to exhaust state judicial remedies; the Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Fabillaran, J)