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11-193 - Payne v. Warden, Lebanon Correctional Institution


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11-193 - Payne v. Warden, Lebanon Correctional Institution
February 29, 2012
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REPORT AND RECOMMENDATIONS. It is respectfully recommended that the Petition bedismissed with prejudice. If Petitioner seeks to appeal, he should be granted a certificate of appealability on the First Ground for Relief, given that it is grounded in confessed deficient performance by counsel. Reasonable jurists would not, however, disagree with the recommended disposition on the Second Ground for Relief and no certificate should be allowed on that Ground. Objections to R&R due by 3/19/2012. Signed by Magistrate Judge Michael R Merz on 2/29/2012. (mdf1)
September 4, 2012
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 16 Report and Recommendations. Accordingly, the petition for writ of habeas corpus is dismissed with prejudice. A certificate of appealability will issue on the first ground for relief but not the second ground for relief. Signed by Chief Judge Susan J. Dlott. (wam1)
July 8, 2016
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REPORT AND RECOMMENDATIONS - Mr. Payne's Motion for Relief from Judgment is without merit and should 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 7/25/2016. Signed by Magistrate Judge Michael R. Merz on 7/8/2016. (kpf)
July 22, 2016
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ORDER adopting 28 Report and Recommendations: the Court OVERRULES Petitioners Objections, ADOPTS the MagistrateJudges Report and Recommendations, and DENIES Petitioners Motion for Relief fromJudgment (ECF No. 27). Signed by Judge Susan J. Dlott on 7/22/2016. (jlw)