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08-520 - Bevins v. Warden Lebanon Correctional Institution


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08-520 - Bevins v. Warden Lebanon Correctional Institution
December 17, 2009
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REPORT AND RECOMMENDATION that petitioner's 1 Petition for Writ of Habeas Corpus be Denied with prejudice. A certificate of appealability should not issue in this matter. Any appeal of this matter would not be taken in good faith and therefore Deny petitioner leave to proceed in forma pauperis. Objections to R&R due by 1/4/2010. Signed by Magistrate Judge Timothy S Hogan on 12/16/2009. (art)
January 25, 2010
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ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 30 Report and Recommendations, 29 Order and Report and Recommendations. Accordingly (Doc. 17) is DENIED AS MOOT.Petitioners motion for further expansion of the record to add a sixth ground for relief to his habeas petition alleging a defective indictment claim (Doc. 19) is DENIED.Petitioners supplemental motion to amend the habeas petition to add a seventh ground for relief to his habeas petition alleging the denial of assistance of counsel on appeal from his resentencing (Doc. 25) is DENIED.Petitioners motion to amend the petition to add Grounds Six and Seven (Doc. 26) is DENIED.Accordingly, in regard to the Report and Recommendation (Doc. 30), petitioners petition for writ of habeas corpus filed pursuant to 28 U.S.C. ยง 2254 (Doc. 1) is DENIED with prejudice. A certificate of appealability will not issue. The Court certifies that an appeal of any order adopting the R&R will not be taken in good faith and therefore denies petitioner leave to appeal IFP upon a showing of financial necessity. (wam1) (Additional attachment(s) added on 1/25/2010: # (1) Certified Mail Receipt) (wam1). Modified to clarify docket text on 1/26/2010 (sct1).
January 8, 2016
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REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT - Petitioner's Motion for Relief from Judgment (ECF No. 37) should be denied on the merits. Respondent's position that the Motion is untimely is also well taken, but Respondent is not prejudiced by a denial on the merits. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 1/25/2016. Signed by Magistrate Judge Michael R. Merz on 1/8/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 8, 2016
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REPORT AND RECOMMENDATIONS ON MOTION FOR SUMMARY JUDGMENT - Petitioner's Motion for Summary Judgment (ECF No. 41) should be denied. Objections to R&R due by 1/25/2016. Signed by Magistrate Judge Michael R. Merz on 1/8/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 3, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS ONMOTIONS FOR RELIEF FROM JUDGMENT AND SUMMARY JUDGMENT - It is again respectfully recommended that Bevins' Motions for Relief from Judgment and for Summary Judgment be DENIED. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 2/22/2016. Signed by Magistrate Judge Michael R. Merz on 2/3/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 25, 2016
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ORDER adopting Supplemental Report and Recommendations re 52 Report and Recommendations:The Magistrate Judges Reports and Recommendations are ADOPTED andthe Motions for Relief from Judgment and Summary Judgment are DENIED.Signed by Judge Susan J. Dlott on 2/25/2016. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)