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14-897 - Stenson v. Warden, Warren Correctional Institution


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14-897 - Stenson v. Warden, Warren Correctional Institution
December 22, 2015
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ORDER VACATING STAY; REPORT AND RECOMMENDATIONS ON THE MERITS - The Motion to Dismiss (ECF No. 9) is deemed WITHDRAWN and the stay of these proceedings pending exhaustion (ECF No. 13) is VACATED. It is 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 and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 1/8/2016. Signed by Magistrate Judge Michael R. Merz on 12/22/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 15, 2016
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 18). Signed by Judge Timothy S. Black on 1/15/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)