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13-362 - Kirchoff v. Warden, Chillicothe Correctional Institution


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13-362 - Kirchoff v. Warden, Chillicothe Correctional Institution
July 17, 2014
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REPORT AND RECOMMENDATIONS - The Petition in this case should 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. Objections to R&R due by 8/4/2014. Signed by Magistrate Judge Michael R Merz on 7/16/2014. (kpf1)
August 27, 2014
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Petition is both procedurally barred and without merit and should 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. Objections to R&R due by 9/15/2014. Signed by Magistrate Judge Michael R Merz on 8/27/2014. (kpf1)
October 6, 2014
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SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that the Petition herein 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. This is not intended to suggest that Kirchoff is not acting in good faith, but simply that there is no objective basis for appeal. Objections to R&R due by 10/23/2014. Signed by Magistrate Judge Michael R Merz on 10/6/2014. (kpf1)
September 27, 2016
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ORDER adopting Report and Recommendations re 11, 16, and 19 dismissing with prejudice 1 Petition. Signed by Judge Michael R. Barrett on 9/27/16. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)