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16-940 - Blair v. Warden, Southeastern Correctional Institution


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16-940 - Blair v. Warden, Southeastern Correctional Institution
December 11, 2017
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REPORT AND RECOMMENDATIONS - Grounds One, Three, and Four in the Petition fail to state a claim cognizable in federal habeas corpus. Ground Two is procedurally defaulted by Blair's failure to raise it in any state court and the fact that any attempt to raise it now would be barred by res judicata. It is therefore respectfully recommended that the Petition be dismissed. Because reasonable jurists would not disagree with this conclusion, the Court should also deny any requested certificate of appealability and certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 12/26/2017. Signed by Magistrate Judge Michael R. Merz on 12/11/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 8, 2018
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ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS signed by Judge Susan J. Dlott on 1/8/2017. It is hereby ORDERED that the Petition is DISMISSED with prejudice. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)