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16-467 - Brown v. Warden, Ross Correctional Institution


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16-467 - Brown v. Warden, Ross Correctional Institution
November 15, 2016
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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 12/2/2016. Signed by Magistrate Judge Michael R. Merz on 11/15/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 6, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reviewed the case in light of the Objections, the Magistrate Judge again respectfully recommends 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 12/23/2016. Signed by Magistrate Judge Michael R. Merz on 12/6/2016. (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) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #7); OVERRULING PETITIONER'S OBJECTIONS TO REPORT AND RECOMMENDATIONS (DOC. #5); DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. ยง 2254 FOR WRIT OF HABEAS CORPUS (DOC. #3); DENYING CERTIFICATE OF APPEALABILITY AND LEAVETO PROCEED IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF DEFENDANT AND AGAINST PETITIONER; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 1/9/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)