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16-293 - Storck v. Warden, Chillicothe Correctional Institution


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16-293 - Storck v. Warden, Chillicothe Correctional Institution
July 15, 2016
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REPORT AND RECOMMENDATIONS - Based on this analysis, 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 8/1/2016. Signed by Magistrate Judge Michael R. Merz on 7/15/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 10, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 2 -It is hereby ORDERED that the Petition be DISMISSED with prejudice. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Thomas M. Rose on 8-10-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)