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14-2328 - Welch v. Lazaroff


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14-2328 - Welch v. Lazaroff
February 10, 2016
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Report and Recommendation that the 1 Petition for Writ of Habeas Corpus (2254) should be denied. Objections to the Report & Recommendation to be filed by 2/24/2016. Signed by Magistrate Judge Kenneth S. McHargh on 2/10/16. (M,De)
April 4, 2016
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VACATED per 15 Order dated 4/21/2016 - Memorandum of Opinion and Order: This Court, having reviewed the Report and Recommendation and finding no clear error, accepts the Magistrate Judge's Report and Recommendation. In accordance with that recommendation, the Court hereby denies the Petition for Writ of Habeas Corpus for the reasons stated by the Magistrate Judge in the Report and Recommendation, which is incorporated herein by reference. Judge Patricia A. Gaughan on 4/4/16. (LC,S) re 10 Modified on 4/21/2016 (S,S).
April 4, 2016
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VACATED per 15 Order dated 4/21/2016 - Judgment Entry: This Court, having issued its Memorandum of Opinion and Order accepting the Report and Recommendation of Magistrate Judge McHargh (Doc. 10), hereby denies the Petition for Writ of Habeas Corpus. Furthermore, the Court declines to issue a certificate of appealability. 28 U.S.C. § 2253(c). Judge Patricia A. Gaughan on 4/4/16. (LC,S) re 11 Modified on 4/21/2016 (S,S).
April 21, 2016
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12]Memorandum of Opinion and Order: This matter is before the Court upon Petitioner's Motion for Reconsideration Pursuant to Fed. R. Civ. P. 7(b)(1) (Doc. 14). Petitioner's motion is GRANTED. Because petitioner's motion for extension was timely filed, the Court hereby vacates its Order of April 4, 2016, and will permit him to file an objection to the Report and Recommendation within 30 days of the date of this Order. Judge Patricia A. Gaughan on 4/21/16. (LC,S) re 11, [
July 6, 2016
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is decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b). Judge Patricia A. Gaughan on 7/6/16. (LC,S) re 10Memorandum of Opinion and Order: The Report and Recommendation of Magistrate Judge McHargh recommending denial of petitioner's pending Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is accepted. Magistrate Judge McHargh correctly determined that petitioner is not entitled to a writ of habeas corpus. Further, for the reasons stated herein and in the Report and Recommendation, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from th