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15-099 - Morrison v. Warden Southeastern Correctional Institution


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15-099 - Morrison v. Warden Southeastern Correctional Institution
January 25, 2016
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Warden's Motion to Dismiss be DENIED. It is further recommended the Court conclude this case involves a second-or-successive habeas application within the meaning of 28 U.S.C. § 2244(b)(2) and TRANSFER the case to the Sixth Circuit for a determination of whether the case can proceed in this Court. Objections to R&R due by 2/11/2016. Signed by Magistrate Judge Michael R. Merz on 1/25/2016. (kpf)
February 16, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that the Motion to Dismiss be denied and this case be transferred to the Sixth Circuit for consideration of whether it may proceed. Objections to R&R due by 3/4/2016. Signed by Magistrate Judge Michael R. Merz on 2/16/2016. (kpf)
April 22, 2016
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS (Doc. 13) AND THE SUPPLEMENTAL REPORT AND RECOMMENDATIONS (Doc. 16) OF THE UNITED STATES MAGISTRATE JUDGE. Respondent's motion to dismiss (Doc. 8) is DENIED; and this case involved a second-or-successive habeas application within themeaning of 28 U.S.C. § 2244(b)(2) and therefore this case isTRANSFERRED to the Sixth Circuit for a determination of whether this case can proceed in this Court. Signed by Judge Timothy S. Black on 4/22/2016. (mr)