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16-412 - Alford v. United States of America


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16-412 - Alford v. United States of America
September 27, 2016
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REPORT AND RECOMMENDATIONS - Because this Court lacks jurisdiction to proceed under 28 U.S.C. § 2241, the Petition should 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 10/14/2016. Signed by Magistrate Judge Michael R. Merz on 9/27/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 18, 2016
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ue by 11/4/2016. Signed by Magistrate Judge Michael R. Merz on 10/18/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reviewed the case 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 d
December 14, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATEJUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 2) ANDSUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 5); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ## 3, 6); DISMISSING WITH PREJUDICE PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 (DOC. # 1); OVERRULING PETITIONER'S OBJECTIONS TO DENIAL OF MOTION TO AMEND (DOC. # 9); 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 12/14/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)