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15-1506 - Hatton v. Richard


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15-1506 - Hatton v. Richard
October 1, 2015
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ORDER - Respondent's Motion to Transfer this case to the Sixth Circuit as a successive habeas corpus application, as assertedly required by 28 U.S.C. ยง 2244(b)(ECF No. 8)is DENIED. Petitioner is granted leave to file an amended petition which sets forth a claim cognizable in habeas and based on the newly-discovered evidence, if he can do so, not later than October 15, 2015. In the absence of an amended petition, the Magistrate Judge will recommend the current Petition be dismissed without prejudice for failure to state a claim on which habeas corpus relief can be granted. Signed by Magistrate Judge Michael R. Merz on 10/1/2015. (kpf)
February 8, 2016
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Amended 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 2/25/2016. Signed by Magistrate Judge Michael R. Merz on 2/8/2016. (kpf)
April 13, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS, GRANTING Respondent's Motion to Dismiss, DENYING Petitioner's Request for a Certificate of Appealability. This action is hereby DISMISSED. Signed by Judge Algenon L. Marbley on 4/13/2016. (cw)