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16-061 - Summers v. Warden Chillicothe Correctional Institution


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16-061 - Summers v. Warden Chillicothe Correctional Institution
September 30, 2016
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REPORT AND RECOMMENDATIONS - Based on the foregoing analysis, the Magistrate Judge recommends 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 pauperisre 1 Petition for Writ of Habeas Corpus filed by Christopher Summers. Objections to R&R due by 10/17/2016. Signed by Magistrate Judge Michael R. Merz on 9/30/16. (pb)
October 21, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 -The Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED WITH PREJUDICE, Summers is DENIED a certificate of appealability, the Court CERTIFIES to the Sixth Circuit that any appeal would beobjectively frivolous and therefore should not be permitted to proceed in formapauperis, and Clerk is ordered to TERMINATE this case on the docket of this Court. Signed by Judge Thomas M. Rose on 10-21-2016. (de)