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17-396 - Thomas v. Warden, Madison Correctional Institution


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17-396 - Thomas v. Warden, Madison Correctional Institution
January 17, 2018
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REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS - It is respectfully recommended that Respondent's Motion to Dismiss 6 be GRANTED and the Petition 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 1/31/2018. Signed by Magistrate Judge Michael R. Merz on 1/17/2018. (kpf)