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16-975 - Bates et al v. Dewine et al


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16-975 - Bates et al v. Dewine et al
October 31, 2016
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Beverly Croy, Misty C. Brickles, Family and Kind of Clayton M. Bates, R. Lotus Justice, Rachel N. Parks, Clayton M. Bates. IT IS RECOMMENDED THAT: (1) The petitioners' petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 1 be DISMISSED with prejudice on the ground that this Court lacks jurisdiction to consider it and petitioners' related motions 2 3 be DENIED; (2) A certificate of appealability should not issue; (3) with respect to any application by petitioners to proceed on appeal in forma pauperis, the Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith," and, therefore, should DENY petitioners leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 11/17/2016. Signed by Magistrate Judge Stephanie K. Bowman on 10/31/2016. (km) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 30, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS signed by Judge Susan J. Dlott on 1/30/2017. The petitioners 1 Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. §2254 is DISMISSED with prejudice on the ground that the Court lacks jurisdiction to consider it and petitioners related motions (Docs. 2 and 3) are DENIED. A certificate of appealability will not issue. The Court certifies pursuant to 28 U.S.C. §1915(a)(3) that an appeal of any Order adopting the Report and Recommendation will not be taken in good faith, and, therefore, petitioners are DENIED leave to appeal in forma pauperis (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 1/31/2017 (eh).