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16-470 - Varner v. Warden Chillicothe Correctional Institution


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16-470 - Varner v. Warden Chillicothe Correctional Institution
February 2, 2017
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ORDER AND REPORT AND RECOMMENDATION signed by Magistrate Judge J. Gregory Wehrman on 2/2/17. IT IS ORDERED THAT: Petitioners 8 Motion to Amend is GRANTED. IT IS RECOMMENDED THAT: 1. Respondents 10 Motion to Dismiss be GRANTED and Petitioners 4 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 be DISMISSED with prejudice. (Objections to R&R due by 2/16/2017). (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 24, 2017
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JUDGMENT AND ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS: IT IS ORDERED that the objections (Doc. 19) to the Report and Recommendation (Doc. 14) be, and hereby are, overruled. That the Report and Recommendation of the Magistrate Judge (Doc. 14) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; That petitioners motion to amend (Doc. 8) be, and hereby is, granted; that respondents motion to dismiss (Doc. 10) be, and hereby is, granted and petitioners Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 4), is dismissed with prejudice. Signed by Judge William O. Bertelsman on 3/24/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)