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07-022 - Brown v. Warden Lebanon Correctional Institution


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07-022 - Brown v. Warden Lebanon Correctional Institution
May 24, 2007
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REPORT AND RECOMMENDATIONS that the 1 Petition should be DISMISSED WITH PREJUDICE. However, because the decision on Ground Two is based on very recent law, the Magistrate Judge recommends that Petitioner should be granted a Certificate of Appealability on that ground if requested, but not on ground one. Objections to R&R due by 6/8/2007. Signed by Chief Magistrate Judge Michael R Merz on 5/24/2007. (sc1, )
June 29, 2007
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AMENDED REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED that the Petition be dismissed with prejudice and that any decision on the question of a certificate of appealability should await a request for such a certificate because of the recent changes in the law regarding application of the Blakely decision. Objections to R&R due by 7/19/2007. Signed by Judge Michael R Merz on 6/29/07. (dp1 ) Modified on 7/2/2007 to change 'supplemental' to 'amended' to coincide with name of pleading (dp1 ).
July 18, 2007
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SUPPLEMENT TO AMENDED REPORT AND RECOMMENDATIONS 11 - IT IS AGAIN RECOMMENDED that the Petition be dismissed with prejudice. Objections to R&R due by 8/6/2007. Signed by Judge Michael R Merz on 7/18/07. (dp1 )
February 4, 2008
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DECISION AND ENTRY ADOPTING AMENDED (DOC. 11 ) AND SUPPLEMENT TO AMENDED (DOC. 13 ) REPORTS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AS SUPPLEMENTED HEREIN; PLAINTIFF-PETITIONERS OBJECTIONS TO SAID JUDICIAL FILINGS (DOCS. 12 AND 14 ) OVERRULED; JUDGMENT TO ENTER IN FAVOR OF DEFENDANT-RESPONDENT AND AGAINST PLAINTIFF-PETITIONER, DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE; CERTIFICATE OF APPEALABILITY AND ANTICIPATED REQUEST FOR LEAVE TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY. Signed by Judge Walter H Rice on 2/04/2008. (sc1, )
February 22, 2008
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REPORT AND RECOMMENDATIONS re 17 MOTION for Relief From Judgment Per Rule 60(B)(4)(6) filed by Jeffery A Brown - IT IS RESPECTFULLY RECOMMENDED that Petitioner's Motion for Relief from Judgment be denied. IT IS FURTHER RECOMMENDED that Petitioner be denied leave to appeal in forma pauperis and any requested certificate of appealability. Objections to R&R due by 3/12/2008. Signed by Magistrate Judge Michael R Merz on 2/22/08. (dp1 )
March 31, 2008
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CLERK'S JUDGMENT that Petitioner Jeffery A. Brown take nothing and that Judgment is be and hereby is entered in favor of Respondent Warden, Lebanon Correctional Institution and against Petitioner. Petitioner's Motion for Relief from Judgment, pursuant to Fed. R. Civ. P. 60(b)(4)(b) be and hereby is DENIED. Petitioner's anticipated Request to Appeal In Forma Pauperis and for Certificate of Appealability is DENIED. Notice of Disposal attached. Signed on 3/31/2008. (sc1, )