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15-414 - Baker v. Warden Noble Correctional Institution


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15-414 - Baker v. Warden Noble Correctional Institution
November 20, 2015
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ORDER FOR ANSWER AND GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS - Accordingly, it is hereby ORDERED that Respondent shall, not later than January 15, 2016, file an answer conforming to the requirements of Rule 5 of the Rules Governing '2254 Cases. RE: 1 Petition for Writ of Habeas Corpus filed by Larry Baker. Signed by Magistrate Judge Michael R. Merz on 11/20/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 9, 2016
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DECISION AND ORDER ON PETITIONER'S SECOND MOTION FOR DISCOVERY - Respondent is ORDERED to file a complete trial court transcript in this Court not later than February 22, 2016. Signed by Magistrate Judge Michael R. Merz on 2/9/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 26, 2016
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REPORT AND RECOMMENDATIONS - It is respectfully recommended 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 5/13/2016. Signed by Magistrate Judge Michael R. Merz on 4/26/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 19, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended 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 6/6/2016. Signed by Magistrate Judge Michael R. Merz on 5/19/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 20, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #13) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #16); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ## 14, 17); DISMISSING PETITION UNDER 28 U.S.C. ยง 2254 FOR WRIT OF HABEAS CORPUS (DOC. #1) WITH PREJUDICE; 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 6/16/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)