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12-724 - Levingston v. Warden, Warren Correctional Institution


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12-724 - Levingston v. Warden, Warren Correctional Institution
August 2, 2013
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REPORT AND RECOMMENDATIONS re 7 MOTION to Stay Habeas Corpus Proceedings Pending Exhaustion of Ineffective Post-Conviction Counsel and Corresponding Constitutional Claims filed by Marty Levingston: that motion be DENIED. Objections to R&R due by 8/19/2013. Signed by Magistrate Judge Stephanie K. Bowman on 8/2/13. (jl1)
September 30, 2014
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OPINION AND ORDER declining to adopt 14 Magistrate Judge's Report and Recommendation, granting 7 Petitioner's Motion to Stay. Petitioner's petition to be held in abeyance to await the outcome of Petitioner's efforts in state court. The parties will be free to renew their arguments after such time. Signed by Judge S Arthur Spiegel on 9/30/2014. (km1)
November 6, 2015
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REPORT AND RECOMMENDATIONS - ConclusionBased on the foregoing analysis, it is respectfully recommended that the Amended Petition be dismissed with prejudice. 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. re 1 Petition for Writ of Habeas Corpus filed by Marty Levingston, 29 Petition for Writ of Habeas Corpus filed by Marty Levingston Objections to R&R due by 11/23/2015. Signed by Magistrate Judge Michael R. Merz on 11/6/2015. (srb)
January 7, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that the Petition be dismissed with prejudice. Because Petitioner has not demonstrated that 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 1/7/2016. (kpf)
February 6, 2017
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DECISION AND ENTRY ADOPTING THE SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 41). Signed by Judge Timothy S. Black on 2/6/2017. (mr)
May 31, 2017
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ORDER granting 46 Respondents' motion to reconsider the portion of the Court's Order granting a blanket certificate of appealability on all fourteen grounds; The certificate of appealability granted by the Court in its previous Order adopting the supplemental report and recommendations of the United States Magistrate Judge 43 is RESCINDED; A certificate of appealability shall issue with respect to grounds 11 and 12 of petitioner's 29 amended petition for writ of habeas corpus ; A certificate of appealability shall not issue with respect to grounds 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, and 14 of petitioner's 29 amended petition for writ of habeas corpus ; Petitioner's pending motion for extension of time 48 is DENIED AS MOOT. Signed by Judge Timothy S. Black on 5/31/17. (sct)