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15-407 - Johnson v. Warden Lebanon Correctional Institution


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15-407 - Johnson v. Warden Lebanon Correctional Institution
March 21, 2016
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REPORT AND RECOMMENDATIONS - It is 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 4/7/2016. Signed by Magistrate Judge Michael R. Merz on 3/21/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 22, 2016
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SUBSTITUTED REPORT AND RECOMMENDATIONS - It is 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 4/8/2016. Signed by Magistrate Judge Michael R. Merz on 3/22/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 5, 2016
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SUPPLEMENT TO SUBSTITUTED REPORT AND RECOMMENDATIONS - The Magistrate Judge again respectfully recommends that the Motion to Dismiss be GRANTED and the Petition be dismissed with prejudice as barred by the statute of limitations. Objections to R&R due by 4/22/2016. Signed by Magistrate Judge Michael R. Merz on 4/5/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 2, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S SUBSTITUTED REPORT AND RECOMMENDATIONS (DOC. # 14, AS SUPPLEMENTED BY DOC. #20); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ##16, 22); SUSTAINING RESPONDENT'S MOTION TO DISMISS (DOC. #8); OVERRULING PETITIONER'S REQUEST FOR ALTERNATIVE WRIT (DOC. #19) ; DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. ยง 2254 FOR WRIT OF HABEAS CORPUS (DOC. #2); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 8/2/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)