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16-411 - Campbell v. Warden, Lebanon Correctional Institution


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16-411 - Campbell v. Warden, Lebanon Correctional Institution
June 7, 2017
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REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends 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 6/21/2017. Signed by Magistrate Judge Michael R. Merz on 6/7/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 5, 2017
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DECISION AND ENTRY ADOPTING 20 REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE. Petitioner's petition for a writ of habeas corpus (Doc. 3) is DISMISSED WITH PREJUDICE. A certificate of appealability shall not issue with respect to any of the grounds for relief alleged in the petition because petitioner has not stated a "viable claim of the denial of a constitutional right," nor are the issues presented "adequate to deserve encouragement to proceed further." The Court certifies that an appeal of this Order would not be taken in good faith and therefore Petitioner is denied leave to appeal in forma pauperis. This case is TERMINATED in this Court. Signed by Judge Timothy S. Black on 10/5/17. (gs) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 10, 2017
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REPORT AND RECOMMENDATIONS ON MOTION TO AMEND THE JUDGMENT - It is respectfully recommended that the Objections, construed as a motion to amend, be DENIED. 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 10/24/2017. Signed by Magistrate Judge Michael R. Merz on 10/10/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 25, 2018
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 27). Petitioner's objections to the June 7, 2017 Report and Recommendations (Doc. 26), construed by this Court as a motion to amend the judgment under Rule 59(e), are DENIED. A certificate of appealability shall not issue with respect to any of the grounds for relief alleged in the petition because petitioner has not stated a "viable claim of the denial of a constitutional right," nor are the issues presented "adequate to deserve encouragement to proceed further." See Slack v. McDaniel, 529 U.S. 473, 475 (2000) (citing Barefoot v. Estelle, 463 U.S. 880, 893 & n.4 (1983)); see also 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b); The Court certifies that pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this Order would not be taken in good faith and therefore Petitioner is denied leave to appeal in forma pauperis. Signed by Judge Timothy S. Black on 1/25/18. (jlm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)