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17-456 - Palubicki v. State of Minnesota et al


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17-456 - Palubicki v. State of Minnesota et al
December 19, 2016
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REPORT AND RECOMMENDATION recommending that Respondent State of Vermont's 4 MOTION to Dismiss or MOTION to Change Venue be granted and Petitioner's 3 PETITION for Writ of Habeas Corpus be denied. It is further recommended that the Court refrain from issuing a certificate of appealability and from ordering an evidentiary hearing. ORDERED: Respondent State of Vermont's 4 MOTION for Extension of Time to File Answer is GRANTED, and if necessary, the time for filing an Answer to 3 Petition is enlarged to 30 days after the Court's ruling on this Report and Recommendation. Objections to R&R due by 1/6/2017. Signed by Judge John M. Conroy on 12/19/2016. (hbc) [Transferred from Vermont on 2/14/2017.]
January 30, 2017
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ORDER Affirming, approving and adopting 5 Magistrate Judge's Report and Recommendation and granting 4 Motion to Change Venue. This case shall be transferred to the United States District Court for the District of Minnesota. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by District Judge J. Garvan Murtha on 1/25/2017. (kak) Signature date clarified on 1/30/2017 (law). [Transferred from Vermont on 2/14/2017.]
April 4, 2017
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REPORT AND RECOMMENDATION: 1. Petitioner Anthony John Palubicki's Petition for a writ of habeas corpus, [Docket No. 3], be DENIED; 2. This action be DISMISSED without prejudice; and 3. No certificate of appealability be granted. Signed by Magistrate Judge Leo I. Brisbois on 4/4/2017. (lmb) cc: Petitioner.
May 11, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Magistrate Judge Leo I. Brisbois's April 4, 2017 Report and Recommendation (Doc. No. 9) is ADOPTED. 2. Petitioner Anthony John Palubicki's Petition for a writ of habeas corpus, (Doc. No. 3), is DENIED. 2. This action is DISMISSED WITHOUT PREJUDICE. 3. No certificate of appealability is granted. (Written Opinion). Signed by Judge Donovan W. Frank on 5/11/2017. (BJS) cc: Palubicki. Modified text on 5/12/2017 (JDF).