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11-083 - Smith v. Warden, Warren Correctional Institution


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11-083 - Smith v. Warden, Warren Correctional Institution
February 29, 2012
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REPORT AND RECOMMENDATIONS. It is respectfully recommended that the Petition bedismissed with prejudice. Because reasonable jurists would not disagree with the Magistrate Judge's conclusions on Grounds One, Three, and Four, Petitioner should be denied a certificate of appealability on those claims. Because the Butler County Court of Appeals itself found the claim of prosecutorial misconduct a relatively close call, Petitioner should be granted a certificate of appealability on Ground Two and permitted to appeal in forma pauperis. Objections to R&R due by 3/19/2012. Signed by Magistrate Judge Michael R Merz on 2/27/2012. (mdf1)
March 29, 2012
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having considered the Objections, it is again respectfully recommended that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with the Magistrate Judge's conclusions on Grounds One, Three, and Four, Petitioner should be denied a certificate of appealability on those claims. Because the Butler County Court of Appeals itself found the claim of prosecutorial misconduct a relatively close call, Petitioner should be granted a certificate of appealability on Ground Two and permitted to appeal in forma pauperis. Objections to R&R due by 4/16/2012. Signed by Magistrate Judge Michael R Merz on 3/29/2012. (kpf1)
November 27, 2012
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ORDER ADOPTING REPORT AND RECOMMENDATIONS re 15 Report and Recommendations, 17 Supplemental Report and Recommendations in all respects. The Court DENIES Petitioner's Petition for Writ of Habeas Corpus 1 with prejudice. Because reasonable jurists would not disagree with the Magistrate Judge's conclusions on Grounds One, Three, and Four, the Court DENIES Petitioner a certificate of appealability on those claims. However, because the Butler County Court of Appeals found the claim of prosecutorial misconduct a relatively close call, the Court GRANTS a certificate of appealability on Ground Two and GRANTS Petitioner leave to appeal in forma pauperis on such claim. Signed by Judge S Arthur Spiegel on 11/27/2012. (km1)
January 31, 2014
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REPORT AND RECOMMENDATIONS - The Supreme Court made clear in Bowles that the time limit on filing a notice of appeal is jurisdictional. This Court therefor has no power to grant Petitioner's Motion to Extend Time for Filing Notice of Appeal (Doc. No. 21), which must be DENIED. Objections to R&R due by 2/18/2014. Signed by Magistrate Judge Michael R Merz on 1/31/2014. (kpf1)
April 24, 2014
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again respectfully recommends that the Motion to Extension be denied. Objections to R&R due by 5/12/2014. Signed by Magistrate Judge Michael R Merz on 4/24/2014. (kpf1)
June 10, 2014
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OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS re 23 Report and Recommendation, 27 Supplemental Report and Recommendations, denying 21 Petitioner's Motion to Extend Time for Filing of Notice of Appeal for want of jurisdiction. Signed by Judge S Arthur Spiegel on 6/10/2014. (km1) Modified to Correct Docket Text on 6/11/2014 (km1).
January 26, 2018
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TRANSFER ORDER - The instant Motion is a second or successive habeas application attacking the same judgment as the original Petition. This Court accordingly lacks jurisdiction to consider it on the merits absent permission from the Sixth Circuit. The Clerk is therefore ordered to TRANSFER this Motion to the Sixth Circuit for further consideration. Signed by Magistrate Judge Michael R. Merz on 1/26/18. (kma)