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14-185 - Piesciuk v. Warden, Pickaway Correctional Institution


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14-185 - Piesciuk v. Warden, Pickaway Correctional Institution
April 13, 2015
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition herein be dismissed with prejudice as Petitioner has not proven his entitlement to relief. 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 4/30/2015. Signed by Magistrate Judge Michael R Merz on 4/13/2015. (kpf1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 17, 2015
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections and Amended Traverse, the Magistrate Judge again respectfully recommends the 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. Objections to R&R due by 1/4/2016. Signed by Magistrate Judge Michael R. Merz on 12/17/2015. (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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DECISION AND ENTRY ADOPTING: (1) THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 18); AND (2) THE SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 36). Signed by Judge Timothy S. Black on 1/7/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)