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16-333 - Gay v. Southeastern Correctional


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16-333 - Gay v. Southeastern Correctional
August 9, 2016
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ORDER STAYING CASE PENDING EXHAUSTION - This case is hereby STAYED pending exhaustion of Petitioner's available state court remedies. Petitioner is ORDERED to file a motion for delayed appeal with the Second District Court of Appeals not later than September 1, 2016, file a copy of that motion with this Court, and keep this Court currently advised thereafter about the progress of the state court proceedings. Signed by Magistrate Judge Michael R. Merz on 8/9/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 23, 2016
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition herein be dismissed without prejudice for lack of prosecution. 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 12/12/2016. Signed by Magistrate Judge Michael R. Merz on 11/23/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 9, 2017
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 4); DISMISSING PETITION UNDER 28 U.S.C. ยง 2254 (DOC. # 1) WITHOUT PREJUDICE FOR LACK OF PROSECUTION; JUDGMENT TO BE ENTERED IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO PROCEED IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 1/9/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)