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18-017 - McKenzie v. Powell County Detention Center


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18-017 - McKenzie v. Powell County Detention Center
April 12, 2018
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REPORT AND RECOMMENDATIONS: Court RECOMMENDS that the District Court SUMMARILY DISMISS the Petition (DE 1) WITHOUT PREJUDICE and DENY a Certificate of Appealability. Per Rule 4, Clerk SHALL notify Petitioner of this Recommendation. Within 14 days after being served with this decision, any party may file written objections to any findings or recommendations. Signed by Magistrate Judge Robert E. Wier on 4/12/2018. (TDA) cc: COR & McKenzie via US Mail
May 2, 2018
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and stricken from Court's active docket; and (5) Judgment shall be entered contemporaneously herewith. Signed by Judge David L. Bunning on 5/2/2018. (TDA) cc: COR & McKenzie via US MailORDER ADOPTING REPORT AND RECOMMENDATION: (1) Magistrate Judge Wier's Report and Recommendation (Doc. #13) is adopted as findings of fact and conclusions of law of Court; (2) Petitioner Benny E. McKenzie's Petition for a Writ of Habeas Corpus pursuant to 28:2254 (Doc. #1) is denied; (3) For reasons set forth in Magistrate Judge Wier's Report and Recommendation (Doc. #13), no certificate of appealability shall issue; (4) This matter is dismissed