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17-021 - Oglesby v. Warden, Lebanon Correctional Institution


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17-021 - Oglesby v. Warden, Lebanon Correctional Institution
January 23, 2017
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REPORT AND RECOMMENDATIONS - Because Mr. Oglesby's sole ground for relief is procedurally defaulted, his 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 2/6/2017. Signed by Magistrate Judge Michael R. Merz on 1/23/2017. (kpf)
February 14, 2017
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #2); DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. ยง 2254 FOR A WRIT OF HABEAS CORPUS (DOC. #1 ); 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 2/14/17. (pb)