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16-308 - Smith v. Warden, Southern Ohio Correctional Facility


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16-308 - Smith v. Warden, Southern Ohio Correctional Facility
October 17, 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 11/3/2016. Signed by Magistrate Judge Michael R. Merz on 10/17/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 26, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the Report in light of the Objections, the Magistrate Judge again respectfully 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 pauperis. Objections to R&R due by 11/14/2016. Signed by Magistrate Judge Michael R. Merz on 10/26/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 24, 2017
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PETITIONER'S MOTION FOR DISPOSITIVE RULfNG OF DISTRICT JUDGE (DOC. #19) OVERRULED AS MOOT; DECISION AND ENTRY ADOPTING IN THEIR ENTIRETY INITIAL (DOC. #12) AND SUPPLEMENTAL (DOC.# 17) REPORTS AND RECOMMENDATIONS OF UN ITED STATES MAGISTRATE JUDGE; PETITIONERs OBJECTIONS TO SAID JUDICIAL FILING (DOC. # 15 AND # 19) OVERRULED;.JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER HEREIN; PETITIONER IS DENIED A CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERJS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 2/24/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)