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17-081 - Spencer v. Erwin et al


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17-081 - Spencer v. Erwin et al
November 3, 2017
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RECOMMENDED DISPOSITION & ORDER:The undersigned recommends DISMISSAL of the second amended and underlying petition 1. The undersigned further RECOMMENDS that no Certificate of Appealability ("COA") issue. Within fourteen days after being served with a copy of this decision, any party may serve and file specific written objections to any or all findings or recommendations for determination, de novo, by the District Court. Failure to make a timely objection consistent with the statute and rule may, and normally will, result in waiver of further appeal to or review by the District Court and Court of Appeals. Finally, the Court HEREBY ORDERS THAT Petitioner's motions at Docket Entries 7 and 9 are DENIED AS MOOT. Petitioner was ordered to file the amended petition and second amended petition, so there was no need to move for their acceptance. Signed by Magistrate Judge Hanly A. Ingram on 11/3/2017.(CBD)cc: COR
January 25, 2018
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ORDER ADOPTING RECOMMENDED DISPOSITION AND ORDER: (1) Petitioner's Obj 11 to MRR are overruled; (2) Mag Judge's Recommended Disposition 10 is adopted as the Opinion of the Court; (3) Petitioner's Petition, Amended Petition, and Second Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Docs. # 1, 7, and 9) are hereby denied; (4) The Court certifies that, for the reasons previously set forth in the Magistrate Judge's Recommended Disposition (Doc. # 10), as well as those stated herein, there would be no arguable merit for an appeal in this matter, and, therefore, no certificate of appealability will issue; (5) This matter is hereby dismissed with prejudice and stricken from the Court's active docket; and (6) A separate Judgment will be entered contemporaneously with this Order. Signed by Judge David L. Bunning on 1/25/2018.(AKR)cc: COR