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16-059 - Royster v. Warden, Chillicothe Correctional Institution


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16-059 - Royster v. Warden, Chillicothe Correctional Institution
July 14, 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 as to Grounds Two and Three, Petitioner should be denied a certificate of appealability on those grounds. Ground One is sufficiently novel in the questions it presents to be debatable among reasonable jurists and Petitioner should be granted a certificate of appealability on that ground if requested. Objections to R&R due by 8/1/2016. Signed by Magistrate Judge Michael R. Merz on 7/14/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 27, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reviewed the case in light of the Objections, the Magistrate Judge again recommends that the Petition be DISMISSED WITH PREJUDICE. Royster should be granted a certificate of appealability on Ground One, but because reasonable jurists would not disagree with the dismissal of Grounds Two and Three, Petitioner should be denied a certificate of appealability on those grounds. Objections to R&R due by 8/15/2016. Signed by Magistrate Judge Michael R. Merz on 7/27/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 17, 2017
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DECISION AND ENTRY ADOPTING DECISION AND ORDER OF MAGISTRATE JUDGE DENYING PETITIONER JOSEPH ALVIN ROYSTER'S MOTION TO EXPAND THE RECORD AND FOREVIDENTIARY HEARING (DOC. #10), AND OVERRULING ROYSTER'S OBJECTIONS THERETO (DOC. #11 ); ADOPTING IN FULL THE INITIAL (DOC. #23) AND SUPPLEMENTAL (DOC. #27) REPORTS AND RECOMMENDATIONS OF MAGISTRATE JUDGE, OVERRULINGROYSTER'S OBJECTIONS THERETO (DOC. #25, 28); ROYSTER'S PETITION UNDER 28 U.S.C. ยง 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (DOC. #2) IS DISMISSED WITHPREJUDICE; ROYSTER IS GRANTED CERTIFICIATE OFAPPEALABILITY FOR GROUND ONE, AS QUESTIONS PRESENTED PERMIT REASONABLE DEBATE AS TO WHETHER APPEAL IS VIABLE; ROYSTER IS DENIED CERTIFICATE OF APPEALABILITY FOR GROUNDS TWO AND THREE, AS ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS AND SHOULD NOT BE PERMITTED TO PROCEED IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOROF RESPONDENT CHARLOTTE JENKINS, WARDEN, CORRECTIONAL INSTITUTION, AND AGAINST ROYSTER; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 2/17/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 25, 2018
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REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT - The Magistrate Judge respectfully recommends that the Motion for Relief from Judgment 38 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 2/8/2018. Signed by Magistrate Judge Michael R. Merz on 1/25/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)