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16-1029 - Patrick v. Warden, Lebanon Correctional Institution


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16-1029 - Patrick v. Warden, Lebanon Correctional Institution
August 8, 2017
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REPORT AND RECOMMENDATION that respondent's 5 MOTION to Dismiss be Granted and that the 1 Petition for Writ of Habeas Corpus be Dismissed without prejudice on the ground that petitioner has failed to exhaust the available remedy of a delayed 26(B) application to the Ohio Court of Appeals. A certificate of appealability should not issue in this matter. Any appeal of this matter would not be taken in good faith, and therefore Deny petitioner leave to appeal in forma pauperis. Objections to R&R due by 8/22/2017. Signed by Magistrate Judge Karen L. Litkovitz on 8/8/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 6, 2017
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ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS: Respondents motion to dismiss (Doc. 5) is GRANTED and petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง2254 (Doc. 1) isDISMISSED with prejudice to refiling after petitioner exhausts his state court remedies. Signed by Judge Susan J. Dlott on 9/6/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)