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16-452 - Robinson v. Warden, Warren Correctional Institution


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16-452 - Robinson v. Warden, Warren Correctional Institution
October 31, 2016
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REPORT AND RECOMMENDATIONS - Based on the foregoing analysis, the Magistrate Judge respectfully recommends the Petition be DISMISSED WITH PREJUDICE. Because reasonable jurists would not disagree with this conclusion, the Court should also deny any requested certificate of appealability and certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis re 1 Petition for Writ of Habeas Corpus filed by Malik Robinson Objections to R&R due by 11/17/2016. Signed by Magistrate Judge Michael R. Merz on 10/31/2016. (srb) Modified on 11/1/2016 (jdf).
November 18, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (ECF No. 2), to whom this case was referred pursuant to 28 U.S.C. ยง 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that the Petition be DISMISSED with prejudice. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Walter H. Rice on 11/18/2016. (srb)