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16-180 - Rains v. Warden Chillicothe Correctional Institution


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16-180 - Rains v. Warden Chillicothe Correctional Institution
October 20, 2016
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ORDER that petitioner's 13 Motion for Appointment of Counsel is Denied as moot; and petitioner's 18 Motion for Leave to respond to respondent's reply to petitioner's memorandum in opposition to the motion to dismiss is Granted. REPORT AND RECOMMENDATION that respondent's 8 MOTION to Dismiss be Granted and petitioner's 1 Petition for Writ of Habeas Corpus be Dismissed with prejudice. A certificate of appealability should not issue in this matter. Any appeal of this matter would not be taken in good faith, and, therefore, should Deny petitioner leave to appeal in forma pauperis in this matter. ( Objections to R&R due by 11/7/2016). Signed by Magistrate Judge Karen L. Litkovitz on 10/20/2016. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 16, 2016
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 22). Signed by Judge Timothy S. Black on 11/16/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)