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16-505 - Blankenburg v. Warden, Belmont Correctional Institution


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16-505 - Blankenburg v. Warden, Belmont Correctional Institution
June 19, 2017
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INTERIM REPORT AND RECOMMENDATIONS - It is respectfully recommended that Blankenburg's First Ground for Relief be DISMISSED WITH PREJUDICE and the Second Ground for Relief be GRANTED to the extent of concluding that the state courts' decision is not a reasonable determination of the facts on the basis of the evidence presented. A final recommendation on Ground Two and on any certificate of appealability must await the outcome of an evidentiary hearing. Counsel for Petitioner shall promptly file a motion for such a hearing, stating which witnesses he would call and what their expected testimony would be. Objections to R&R due by 7/3/2017. Signed by Magistrate Judge Michael R. Merz on 6/19/2017. (kpf)
August 9, 2017
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DECISION AND ORDER ON PETITIONER'S MOTION FOR DISCOVERY (ECF No. 33) - The permitted discovery shall be completed not later than October 1, 2017. Signed by Magistrate Judge Michael R. Merz on 8/9/2017. (kpf)
August 30, 2017
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REPORT AND RECOMMENDATIONS ON WARDEN'S MOTION FOR RECONSIDERATION OF RECOMMITTAL - The Court committed no error of law in recommitting the matter. Such recommittal is expressly authorized by Fed. R. Civ. P. 72. The Motion for Reconsideration should therefore be DENIED. Objections to R&R due by 9/13/2017. Signed by Magistrate Judge Michael R. Merz on 8/30/2017. (kpf)