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15-598 - Hartsook v. Warden, Belmont Correctional Institution


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15-598 - Hartsook v. Warden, Belmont Correctional Institution
September 15, 2016
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REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Petition herein be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion as to Grounds Two and Three, Petitioner should be denied a certificate of appealability on those Grounds. However, as to Ground One the Magistrate Judge believes the question is close enough to grant a certificate. Objections to R&R due by 10/3/2016. Signed by Magistrate Judge Michael R. Merz on 9/15/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 30, 2017
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ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS It is ordered that the petition is hereby DISMISSED with prejudice. Reasonable jurists will not disagree with the conclusion as to Grounds Two and Three. Petitioner is DENIED a certificate of appealability on those grounds. Regarding Ground One, the Court believes the question is close enough to grant a certificate of appealability. Signed by Judge Susan J. Dlott on 1/30/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)