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07-920 - Harsh v. Warden, Chillicothe Correctional Institution


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07-920 - Harsh v. Warden, Chillicothe Correctional Institution
March 31, 2008
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REPORT AND RECOMMENDATION that respondent's Motion to Dismiss be Granted and the 3 Petition for Writ of Habeas Corpus be Dismissed without prejudice to refiling after petitioner has exhausted his state court remedies. Petitioner's pending motions Docs. 4,7,8,9,11,13,15,16,19,20,21,24,25,26,27,29,30,31-35,39-41 and 36 be Denied as Moot. A certificate of appealability should not issue. Any appeal of this matter would not be taken in good faith, and therefore Deny petitioner leave to appeal in forma pauperis. Objections to R&R due by 4/14/2008. Signed by Magistrate Judge Timothy S Hogan on 3/31/2008. (art, )
April 23, 2008
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ORDER adopting 43 Report and Recommendations granting 23 Motion to Dismiss and terminating 3 Petition for Writ of Habeas Corpus; finding as moot 4, 7, 8, 9, 11, 13, 15, 16, 19, 20, 21, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 39, 40, 41, 42, 44, 45, 49 and 50. Signed by Judge Michael R. Barrett on 4/23/2008. (ba1, )