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16-254 - Goldblum v. Warden Chillicothe Correctional Institution


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16-254 - Goldblum v. Warden Chillicothe Correctional Institution
April 6, 2017
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ORDER TO PAY FILING FEE; REPORT AND RECOMMENDATIONS - Petitioner has never paid the filing fee in this case, nor sought leave to proceed in forma pauperis. Considering that he is now represented by retained counsel, he is ORDERED to pay the filing fee ($5.00) forthwith. It is also 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 4/20/2017. Signed by Magistrate Judge Michael R. Merz on 4/6/2017. (kpf)
May 16, 2017
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again respectfully recommends the Petition be DISMISSED WITH PREJUDICE. Petitioner has not presented any objection specific to the recommendation that a certificate of appealability be DENIED nor has any doubt on that score arisen sua sponte. Therefore, 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 5/30/2017. Signed by Magistrate Judge Michael R. Merz on 5/16/2017. (kpf)
November 30, 2017
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DECISION AND ENTRY OVERRULING PETITIONER KEITH DONALD GOLDBLUM'S OBJECTIONS (DOC. #24, 27) TO THE REPORT ANDRECOMMENDATIONS (DOC. #16) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #26) OF MAGISTRATE JUDGE MICHAEL R. MERZ; ADOPTING SAID REPORTS AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE IN FULL; OVERRULING GOLDBLUM'S MOTION FOR EVIDENTIARY HEARING (DOC. #24) AND DISMISSING WITH PREJUDICE GOLDBLUM'S PETITION UNDER 28 U.S.C. ยง 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (DOC. #1); GOLDBLUM ISDENIED A CERTIFICATE OF APPEALABILITY; ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS AND SHOULD NOT BE PERMITIED TO PROCEED IN FORMA PAUPERIS; JUDGMENT SHALL ENTER IN FAVOR OF RESPONDENT WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION AND AGAINST GOLDBLUM; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 11/30/17. (kma)