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16-313 - Wilson v. Michael Tucker


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16-313 - Wilson v. Michael Tucker
July 26, 2016
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REPORT AND RECOMMENDATIONS - It is accordingly respectfully recommended that the Petition herein be DISMISSED WITHOUT PREJUDICE for failure to exhaust Wilsons state court remedies. 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 8/12/2016. Signed by Magistrate Judge Michael R. Merz on 7/26/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 19, 2016
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NEF that did not receive electronic notification.)DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 2); DISMISSING PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. ยง 2241 (DOC. #1) WITHOUT PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 8/19/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the