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16-880 - Phillips v. Turner


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16-880 - Phillips v. Turner
April 25, 2017
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Report and Recommendation that the Court DISMISS in part and DENY in part Phillips's Petition (Doc. 1), because the Petition presents claims that lack merit or are not cognizable on federal habeas review and/or are procedurally defaulted. Objections to R&R due by 5/9/2017. Magistrate Judge Kathleen B. Burke on 4/25/2017. (D,I)
May 22, 2017
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Order Adopting Report and Recommendation. The Court has reviewed the Report and Recommendation and carefully considered Turner's and Phillips's respective objections. For the reasons stated above, both Turner's Objection, Doc #: 13, and Phillips's Objection, Doc #: 14, are overruled. Report and Recommendation, Doc #: 12, is adopted in full. Accordingly, Petition, Doc #: 1, is dismissed in part and denied in part. Specifically, Ground One is dismissed as to the manifest-weight claim and denied as to the sufficiency of evidence claim; Ground Two is dismissed. Signed by Judge Dan Aaron Polster on 5/22/2017. (K,K) (Additional attachment(s) added on 5/22/2017: # (2) Exhibit Envelope) (K,K). Modified text, notice regenerated on 5/22/2017 (K,K).