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17-022 - Moore v. Warden, Lebanon Correctional Institution


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17-022 - Moore v. Warden, Lebanon Correctional Institution
January 27, 2017
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REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends the Petition herein 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 2/10/2017. Signed by Magistrate Judge Michael R. Merz on 1/27/2017. (kpf)
February 16, 2017
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections, the Magistrate Judge again respectfully 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 3/2/2017. Signed by Magistrate Judge Michael R. Merz on 2/16/2017. (kpf)
March 29, 2017
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ENTRY AND ORDER OVERRULING OBJECTIONS 4 7, ADOPTING REPORT AND RECOMMENDATIONS 3 AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS 6,AND DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. Section 2254 FOR WRIT OF HABEAS CORPUS 1 and TERMINATING THIS CASE ON THE DOCKET OF THIS COURT. Signed by Judge Thomas M. Rose on 3-29-2017. (de)
March 29, 2017
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CLERK'S JUDGMENT. Signed on 3/29/2017. (srb)