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15-713 - Foster v. Warden, Toledo Correctional Institution


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15-713 - Foster v. Warden, Toledo Correctional Institution
February 10, 2016
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REPORT AND RECOMMENDATION that this matter be Dismissed for lack of prosecution. Objections to R&R due by 2/29/2016. Signed by Magistrate Judge Karen L. Litkovitz on 2/10/2016. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 2/10/2016 (jlw).
November 17, 2016
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ORDER ON NON-DISPOSITIVE MOTIONS; REPORT AND RECOMMENDATION ON MOTION TO DISMISS - Petitioner's Motion to Strike (ECF No. 19), Motion Amending Summary Judgment for Default and Default Judgment on Respondent (ECF No. 20) and Motion and Memorandum Recovered (ECF No. 38) are DENIED. It is respectfully recommended that the Motion to Dismiss be GRANTED and this case be DISMISSED WITH PREJUDICE. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealabilityand 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 12/5/2016. Signed by Magistrate Judge Michael R. Merz on 11/17/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 10, 2017
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REPORT AND RECOMMENDATIONS - Because his Petition fails to state a claim on which federal habeas corpus relief can be granted and his claims are otherwise procedurally defaulted, it is respectfully recommended that 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 3/24/2017. Signed by Magistrate Judge Michael R. Merz on 3/10/2017. Associated Cases: 1:15-cv-00713-MRB-MRM, 1:16-cv-00846-MRB-SKB (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 10, 2017
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REPORT AND RECOMMENDATIONS ON MOTION FOR JUDGMENT - Petitioner's Supplemental Motion for Judge Barrett Based on Safety Concerns of Necessity (ECF No. 71) should be denied. Objections to R&R due by 5/24/2017. Signed by Magistrate Judge Michael R. Merz on 5/10/2017. Associated Cases: 1:15-cv-00713-MRB-MRM, 1:16-cv-00846-MRB-SKB (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 24, 2017
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ORDER adopting Report and Recommendations re 41 61 71 Report and Recommendations; granting 52 Motion to Dismiss; and denying 71 Motion for Judgment; the 1 Petition is dismissed with prejudice. Signed by Judge Michael R. Barrett on 7/24/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 14, 2017
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REPORT AND RECOMMENDATIONS It is respectfully recommended that Petitioner's "Motion for Relief from an Order (ECF No. 81) Filed Based on Excusable Neglect and Inadvertence to the Merits" (ECF No. 83) be DENIED. Objections to R&R due by 8/28/2017. Signed by Magistrate Judge Michael R. Merz on 8/14/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)