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16-387 - Summers v. Warden Chillicothe Correctional Institution


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16-387 - Summers v. Warden Chillicothe Correctional Institution
February 22, 2017
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pf)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 3/8/2017. Signed by Magistrate Judge Michael R. Merz on 2/22/2017. (k
March 16, 2017
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS; ORDER DENYING MOTION FOR EVIDENTIARY HEARING - 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 3/30/2017. Signed by Magistrate Judge Michael R. Merz on 3/16/2017. (kpf)
April 11, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 19- The Petition 1 is DISMISSED WITH PREJUDICE, Summers is DENIED a certificate of appealability, the Court CERTIFIES to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis; and the Clerk is ordered to TERMINATE this case on the docket. Signed by Judge Thomas M. Rose on 4-11-2017. (de)
April 13, 2017
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CLERK'S JUDGMENT. Signed on 4/13/2017. (srb)