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15-164 - Jones v. Warden, Ross Correctional Institution


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15-164 - Jones v. Warden, Ross Correctional Institution
October 29, 2015
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Jones Objections to R&R due by 11/16/2015. Signed by Magistrate Judge Michael R. Merz on 10/29/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 11/5/2015 (srb).REPORT AND RECOMMENDATIONS - Based on the foregoing analysis, it is respectfully recommended that the Petition herein 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. re 1 Petition for Writ of Habeas Corpus filed by Timothy
November 19, 2015
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections, the Magistrate Judge again respectfully recommends that the 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 12/7/2015. Signed by Magistrate Judge Michael R. Merz on 11/19/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 9, 2015
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ble 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 SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of Petitioner's Objections, the Magistrate Judge again concludes the Objections should be overruled and the Petition dismissed with prejudice. Because reasonaproceed in forma pauperis. Objections to R&R due by 12/28/2015. Signed by Magistrate Judge Michael R. Merz on 12/9/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 31, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATEJUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 15), SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 18), AND SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 22); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ## 16, 19, 20, 22); DISMISSING PETITION FOR WRIT OF HABEAS CORPUS (DOC. # 1) WITH PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING ANTICIPATED MOTION FOR CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/31/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 8, 2016
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REPORT AND RECOMMENDATIONS - Petitioner's motion for delayed appeal, construed as a motion to reopen, is untimely and should be denied. Objections to R&R due by 8/25/2016. Signed by Magistrate Judge Michael R. Merz on 8/5/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 30, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #33); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. #34); OVERRULING PETITIONER'S REQUEST FOR A DELAYED APPEAL (DOC. #31. Signed by Judge Walter H. Rice on 8/30/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 14, 2017
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REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEFFROM JUDGMENT - It is respectfully recommended that Petitioner's Request to Reopen his Habeas Corpus Petition be DENIED. 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 3/28/2017. Signed by Magistrate Judge Michael R. Merz on 3/14/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 29, 2017
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RECOMMITTAL ORDER - This case is before the Court on Petitioner's Objections (ECF No. 40) to the Magistrate Judge's Report and Recommendations (ECF No. 39). The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Walter H. Rice on 3/29/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 3, 2017
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cument has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 4/4/2017 to add link to document. (jmb).SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT - The Motion for Relief from Judgment (ECF 38) should be denied. Objections to R&R due by 4/17/2017. Signed by Magistrate Judge Michael R. Merz on 3/31/2017. (kpf)(This do
April 28, 2017
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATEJUDGE'S REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT (DOC. # 39) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT (DOC. # 43); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ## 40, 46); OVERRULING PETITIONER'S REQUEST TO REOPEN HIS 28 U.S.C. 2254 HABEAS CORPUS PETITION PURSUANT TO FED. R. CIV. P. 60(b) (DOC. # 38); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; CASE TO REMAIN TERMINATED. Signed by Judge Walter H. Rice on 4/28/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)