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16-468 - Bower v. Warden Chillicothe Correctional Institution


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16-468 - Bower v. Warden Chillicothe Correctional Institution
March 23, 2017
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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 4/6/2017. Signed by Magistrate Judge Michael R. Merz on 3/22/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 8, 2017
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REPORT AND RECOMMENDATIONS - Having re-examined the case in light of the Objections, the Magistrate Judge again 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 5/22/2017. Signed by Magistrate Judge Michael R. Merz on 5/8/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 24, 2017
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #11) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #16) ; OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ##14, 17); DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. ยง 2254 FOR WRIT OF HABEAS CORPUS (DOC. #2); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 8/24/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 24, 2017
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CLERK'S JUDGMENT. Signed on 8/24/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)