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16-846 - Foster v. Warden, Southern Ohio Correctional Facility

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16-846 - Foster v. Warden, Southern Ohio Correctional Facility
March 10, 2017
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REPORT AND RECOMMENDATIONS - Because his Petition fails to state a claim on which federal habeas corpus relief can be granted and his claims are otherwise procedurally defaulted, 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 3/24/2017. Signed by Magistrate Judge Michael R. Merz on 3/10/2017. Associated Cases: 1:15-cv-00713-MRB-MRM, 1:16-cv-00846-MRB-SKB (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)