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09-908 - Babos v. Welch


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09-908 - Babos v. Welch
October 1, 2009
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te Judge David S. Perelman on 10/1/09. (W,Jo)Report and Recommended Decision. Petitioner's fourth claim for relief having been procedurally defaulted, and his first through third claims having failed on merits, in light of all the foregoing, it is concluded that no claim of constitutional violation has been presented requiring further proceedings prior to disposition of the merits and it is therefore, recommended that the petition be dismissed without further proceedings. Objections to R&R due by 10/15/2009. Signed by Magistra
October 14, 2009
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Memorandum Opinion and Order. On September 24, 2009 petitioner filed a "Motion To Compel Warden To File Complete Record" (Doc.# re 10 and a related "Motion for 30-Day Enlargement of Time to File Traverse" (Doc. # 9. This Court, by inadvertence issued a Report and Recommendation on October 1, 2009 (Doc. # 11, before the time provided under the Local rules for respondent to respond to those motions had elapsed and without ruling upon the motions, which this Court recognizes was inappropriate. Therefore, this Court now withdraws the Report and Recommendation, and will grant respondent to November 23, 2009 to respond to these motions. Further, now being aware that Judge Zouhary's show cause order has provisions for tendering a traverse and a response thereto, petitioner will be afforded the opportunity to file a traverse, with a response thereto by respondent, before a final version of a Report and Recommendation is issued by this Court. IT IS SO ORDERED.Signed by Magistrate Judge David S. Perelman on 10/14/09. (W,Jo)
December 10, 2009
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Memorandum Opinion and Order. By reason of an error in the ECF system, this Court was not aware that a response had been filed to the plaintiff's motion to compel on November 18, 2009. The fact that this was done having been called to this Court's attention by respondent's counsel, the Memorandum Opinion and Order re 11 entered December 10, 2009, is withdrawn and stricken from the record. As the time for a reply has passed, unless this Court is notified within twenty-four hours by plaintiff's counsel that a motion for leave to file a reply is forthcoming, this Court will proceed to consider the motion on the pleadings as they now stand. Signed by Magistrate Judge David S. Perelman on 12/10/09. (W,Jo)
December 16, 2009
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Memorandum Opinion and Order. This Court will grant petitioner's counsel's request to be given until December 18, 2009 to complete his review of the record and permission to move to supplement the record, if he deems such is proper under Rule 5 of the Habeas rules. Signed by Magistrate Judge David S. Perelman on 12/16/09. (W,Jo)
May 7, 2018
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Order Adopting Report and Recommendation. This Court overrules Babos' Objection 51 and adopts the R&R 48. The Petition is dismissed. This Court certifies an appear from this decision could not be taken in good faith and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. ยง 2253(c). Judge Jack Zouhary on 5/7/2018. (D,L)