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16-743 - Delawder v. Warden Ross Correctional Institution


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16-743 - Delawder v. Warden Ross Correctional Institution
August 3, 2017
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REPORT AND RECOMMENDATIONS re 11 Respondent's Motion to Dismiss, 12 Petitioner's Motion Stay filed by Rodney E. Delawder, 15 Petitioner's Motion to Dismiss, 16 Petitioner's Motion to Amend 5 Petition for Writ of Habeas Corpus. Objections to R&R due by 8/17/2017. IT IS RECOMMENDED THAT: (1) Petitioner's motion to amend 16 be GRANTED; (2) Respondent's motion to dismiss 11 be DENIED; (3) Petitioner's motion to stay 12 and motion to dismiss 15 without prejudice be DENIED AS MOOT. Signed by Magistrate Judge Stephanie K. Bowman on 8/3/2017. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 21, 2017
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el R. Barrett on 8/21/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)ORDER adopting Report and Recommendation re 19 Report and Recommendation denying 11 Motion to Dismiss; finding as moot 12 Motion to Stay; finding as moot 15 Motion to Dismiss; granting 16 Motion to Amend/Correct;. Signed by Judge Micha
January 19, 2018
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REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends the Petition herein 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 Petitioner should not be permitted to proceed in forma pauperis. Objections to R&R due by 2/2/2018. Signed by Magistrate Judge Michael R. Merz on 1/19/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)