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15-165 - Russell v. Warden, North Central Corectional Complex


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15-165 - Russell v. Warden, North Central Corectional Complex
May 21, 2015
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DECISION AND ORDER denying 2 Motion to Stay. Signed by Magistrate Judge Michael R. Merz on 05/21/15. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 28, 2015
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Motion to Dismiss be granted and that the Petition be dismissed with prejudice as barred by the statute of limitations. 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 9/14/2015. Signed by Magistrate Judge Michael R. Merz on 8/27/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 21, 2015
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Upon reconsideration the Magistrate Judge again respectfully recommends the Petition be dismissed as time-barred. 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 10/8/2015. Signed by Magistrate Judge Michael R. Merz on 9/21/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 16, 2015
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SECOND SUPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that the Petition be dismissed with prejudice as barred by the statute of limitations. 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 11/2/2015. Signed by Magistrate Judge Michael R. Merz on 10/16/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 10, 2015
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ORDER ADOPTING SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS for 21 Report and Recommendations,. Signed by Judge Walter H. Rice on 11/10/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 4, 2015
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REPORT AND RECOMMENDATIONS ON MOTION TO EXPAND THE RECORD - The Objections, construed as a motion to amend the judgment under Fed. R. Civ. P. 59(e), should be OVERRULED and the Motion DENIED. (Objections to R&R due by 12/21/2015). Signed by Magistrate Judge Michael R. Merz on 12/4/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 25, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS ON MOTION TO EXPAND THE RECORD (DOC. #25); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. #27), WHICH THE COURT CONSTRUES AS A MOTION TO AMEND THE JUDGMENT UNDER FED. R. CIV. P. 59(e); CASE TO REMAIN TERMINATED ON DOCKET. Signed by Judge Walter H. Rice on 3/24/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 30, 2016
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REPORT AND RECOMMENDATIONS RE: 33 MOTION filed by Christopher M Russell Objections to R&R due by 7/18/2016. Signed by Magistrate Judge Michael R. Merz on 6/30/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 4, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS; ORDER DENYING DISCOVERY AND EXPANSION OF THE RECORD - Having reconsidered the matter in light of Russell's Objections, the Magistrate Judge remains persuaded that Russell's Motion for Relief from Judgment (ECF No. 33) should 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 8/22/2016. Signed by Magistrate Judge Michael R. Merz on 8/4/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 26, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #34) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #40); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ##37, 42); DENYING PETITIONER'S MOTION REQUESTING RELIEF FROM JUDGMENT UNDER FED. R. CIV. P. 60(b)( 1) (DOC. #33); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPER/S; CASE TO REMAIN TERMINATED. Signed by Judge Walter H. Rice on 9/26/2016. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 16, 2017
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has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)DECISION AND ORDER DENYING MOTION TO STRIKE BUT GRANTING REOPENING OF PETITIONERS TIME TO APPEAL DENIAL OF HIS RULE 60(b) MOTION; REPORT AND RECOMMENDATION ON APPEAL IN FORMA PAUPERIS - Accordingly, pursuant to Fed. R. App. P. 4(a)(6), Petitioners time to appeal is REOPENED and the Clerk shall transmit the Notice of Appeal (ECF No. 49) to the Sixth Circuit Court of Appeals. Because the Sixth Circuit has already effectively determined the issues raised in the Fed. R. Civ. P. 60(b) Motion against Mr. Russell, this Court should certify to the Sixth Circuit that the appeal is objectively frivolous and should not be permitted to proceed in forma pauperis. Signed by Magistrate Judge Michael R. Merz on 3/15/2017. (srb)(This document
April 26, 2017
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - In sum, Mr. Russell's Objection is without merit and the District Court should overrule it. Objections to R&R due by 5/10/2017. Signed by Magistrate Judge Michael R. Merz on 4/26/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 27, 2017
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DECISION AND ENTRY OVERRULING PETITIONER'S OBJECTION (DOC. #52) TO UNITED STATES MAGISTRATE JUDGE'S DECISION AND ORDER DENYING MOTION TO STRIKE BUT GRANTING REOPENING OF PETITIONER'S TIME TO APPEAL DENIAL OF HIS RULE 60(b) MOTION; ADOPTING REPORT AND RECOMMENDATION ON APPEAL IN FORMA PAUPERIS(DOC. #50) AND SUPPLEMENTAL REPORT AND RECOMMENDATION (DOC. #57); OVERRULINGPETITIONER'S OBJECTIONS THERETO (DOC. #58); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; CASE TO REMAIN TERMINATED. Signed by Judge Walter H. Rice on 6/26/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)