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08-059 - Ealy v. Vore et al


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08-059 - Ealy v. Vore et al
October 16, 2008
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REPORT AND RECOMMENDATIONS - It is recommended that: 1. Respondent's Motion to Dismiss (Doc. 5) be granted; 2. The Petition for Writ of Habeas Corpus be dismissed; 3. A certificate of appealability be denied. If so denied, Petitioner would remain free to seek a certificate of appealability in the United States Court of Appeals for the Sixth Circuit. See Sims v. United States, 244 F.3d 509 (6th Cir. 2001); and 4. The case be terminated on the docket of this Court.Signed by Magistrate Judge Sharon L. Ovington on 10/16/08. (bev1, )
November 14, 2008
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ENTRY AND ORDER OVERRULING PETITIONER'S OBJECTIONS (DOC. 10) AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. 9) DISMISSING WITH PREJUDICE PETITIONER'S PETITION FOR HABEAS CORPUS (DOC. 2), DENYING PETITIONER CERTIFICATE OF APPEALABILITY AND TERMINATION ENTRY. Signed by Judge Thomas M. Rose on 11/14/08. (bev1, )