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16-654 - Everett v. Warden, North Central Correctional Institution


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16-654 - Everett v. Warden, North Central Correctional Institution
July 5, 2017
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REPORT AND RECOMMENDATIONS - 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 7/19/2017. Signed by Magistrate Judge Michael R. Merz on 7/5/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 25, 2017
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ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS: This habeas corpus case, brought pursuant to 28 U.S.C. ยง 2254, is before the Court on Mr. Everetts Objections (ECF No. 11) to the Magistrate Judges Report and Recommendations (Report, ECF No. 10) recommending that the Petition be dismissed with prejudice. Accordingly, having reviewed the Objections de novo, the Court finds they are without merit and they are OVERRULED. The Report is ADOPTED and the Clerk is directed to enter judgment dismissing the Petition with prejudice. Signed by Judge Susan J. Dlott on 7/25/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)