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16-486 - Parrish v. Warden, Marion Correctional Institution


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16-486 - Parrish v. Warden, Marion Correctional Institution
May 4, 2017
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RECOMMITAL ORDER - This case is before the Court on Petitioner's Objections (ECF No. 26) to the Magistrate Judge's Decision and Order (ECF No. 24). The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly. pmsuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magi strate Judge with instructions to file a supplemental opi nion analyzing the Objections and making recommendations based on that analysis. Signed by Judge Walter H. Rice on 5/4/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 23, 2017
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REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Petition herein be dismissed with prejudice because all claims are procedurally defaulted. 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 6/6/2017. Signed by Magistrate Judge Michael R. Merz on 5/23/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 7, 2017
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(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)SUPPLEMENTAL OPINION ON STRIKING OBJECTIONS - In sum, Mr. Parrish's Objections to the Order Striking his Objections are not well taken and should be overruled. However, should the District Judge decide to consider the Objections despite their untimeliness, the Magistrate Judge believes no further recommittal on the basis of those Objections would be useful to the Court as the issues are adequately considered in the Report. Signed by Magistrate Judge Michael R. Merz on 7/7/2017. (kpf)
September 5, 2017
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ST WOULD FIND THAT HE MADE A SUBSTANTIAL SHOWING OF A DENIAL OF A CONSTITUTIONAL RIGHT; CERTIFICATION THAT PARRISH SHOULD NOT BE PERMITTED TO PROCEED ON APPEAL IN FORMA PAUPERIS, AS ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS; JUDGMENT TO ENTER IN FAVOR OF THE WARDEN AND AGAINST PARRISH; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 9/5/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 9/6/2017 (jmb).DECISION AND ENTRY AFFIRMING DECISION AND ORDER OF MAGISTRATE JUDGE DENYING PETITIONER WILLIAM A. PARRISH, JR.'S MOTION FOR EVIDENTIARY HEARING AND FOR APPEAL BOND (DOC. #13), AND OVERRULING PARRISH'S OBJECTIONS THERETO(DOC. #14), EXCEPT AS MODIFIED IN SUPPLEMENTAL OPINION AND MODIFIED ORDER ON RECOMMITTAL (DOC. #16); AFFIRMING IN FULL SUPPLEMENTAL OPINION AND MODIFIED ORDER ON RECOMMITTAL (DOC. #16); AFFIRMING IN FULL DECISION AND ORDER OF MAGISTRATE JUDGE OVERRULING RENEWED MOTION FOR EVIDENTIARY HEARING (DOC. #24), AND OVERRULING PARRISH'S OBJECTIONS THERETO (DOC. #26); OVERRULING ORDER OF MAGISTRATE JUDGE STRIKING OBJECTIONS AS UNTIMELY (DOC. #32), SUSTAINING PARRISH'S OBJECTIONS THERETO (DOC. #33), AND OVERRULING SUPPLEMENTAL OPINION ON STRIKING OBJECTIONS (DOC. #35); ADOPTING IN FULL REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE (DOC. #30), AND OVERRULING PARRISH'S OBJECTIONS THERETO (DOC. #31 ); MOTION TO DISMISS OF RESPONDENT L YNEAL WAINWRIGHT, WARDEN, MARION CORRECTIONAL INSTITUTION (DOC. #19), IS SUSTAINED, AND PARRISH'S PETITION FOR WRIT OF HABEAS CORPUS (DOC. #3) IS DISMISSED WITH PREJUDICE; PARRISH IS DENIED A CERTIFICATE OF APPEALABILITY, AS NO REASONABLE JURI
September 5, 2017
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CLERK'S JUDGMENT. Signed on 9/5/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 10, 2017
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REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT - it is respectfully recommended that Petitioner's Motion for Relief from Judgment pursuant to Fed. R. Civ. P. 60 (ECF No. 39) be DENIED. Objections to R&R due by 10/24/2017. Signed by Magistrate Judge Michael R. Merz on 10/10/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 21, 2017
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RECOMMITAL ORDER - This case is before the Court on Petitioner's Objections (ECF No. 42) to the Magistrate Judge's Report and Recommendations (ECF No. 41). The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental opinion analyzing the Objections and making recommendations based on that analysis. Signed by Judge Walter H. Rice on 11/20/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 21, 2017
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS ONMOTION FOR RELIEF FROM JUDGMENT - Objections to R&R due by 12/5/2017. Signed by Magistrate Judge Michael R. Merz on 11/21/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 13, 2017
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ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Court has reviewed the Supplemental Report and Recommendations of United States Magistrate Judge Michael R. Merz (ECF No. 44), to whom this case was referred pursuant to 28 U.S.C. § 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 Supplemental Report and Recommendations. Accordingly, it is hereby ORDERED that Petitioner's Motion for Relief from Judgment pursuant to Fed. R. Civ. P. 60 (ECF No. 39) is DENIED. Signed by Judge Walter H. Rice on 12/13/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 27, 2017
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ORDER TO THE CLERK; REPORT AND RECOMMENDATIONS ON CERTIFICATE OF APPEALABILITY AND REQUEST FOR LEAVE TO APPEAL IN FORMA PAUPERIS re 3 Petition for Writ of Habeas Corpus filed by William A. Parrish, Jr., 46 MOTION for Leave to Appeal in forma pauperis filed by William A. Parrish, Jr. The Clerk is ORDERED to amend the docket to reflect the proper title and to advise the Sixth Circuit accordingly. Objections to R&R due by 1/10/2018. Signed by Magistrate Judge Michael R. Merz on 12/27/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 22, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court has reviewed the Report and Recommendations ofUnited States Magistrate Judge Michael R. Merz (ECF No. 47), to whom this case was referred pursuant to 28 U.S.C. § 636(b), andnoting 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 ORDERED that Petitioner is denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed informa pauperis. Signed by Judge Walter H. Rice on 1/22/18. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)