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17-062 - Nelson v. Warden, Chillicothe Correctional Institution


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17-062 - Nelson v. Warden, Chillicothe Correctional Institution
July 20, 2017
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REPORT AND RECOMMENDATIONS - Because the Petition here is barred by the statute of limitations, it should be DISMISSED WITH PREJUDICE on that basis without reaching the other defenses. 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 8/3/2017. Signed by Magistrate Judge Michael R. Merz on 7/20/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 4, 2017
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Because Nelson has not proven he is entitled to equitable tolling of the statute of limitations, his Petition is time-barred and should be DISMISSED WITH PREJUDICE on the basis. Because reasonable jurists would not disagree with this conclusion, the Court should also deny any requested certificate of appealability and certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 8/18/2017. Signed by Magistrate Judge Michael R. Merz on 8/4/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 11, 2017
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ENTRY AND ORDER OVERRULING OBJECTIONS 15, 18, ADOPTING REPORT AND RECOMMENDATIONS 14 AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS 17, GRANTING RESPONDENT'S MOTION TO DISMISS 10, DISMISSING WITH PREJUDICE PETITION FOR WRIT OF HABEAS CORPUS 1, AND TERMINATING CASE. Signed by Judge Thomas M. Rose on 9-11-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 12, 2017
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CLERK'S JUDGMENT. Signed on 9/12/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 12, 2017
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DEFICIENCY ORDER - This case is before the Court on Petitioners filing of a Notice of Appeal (ECF No. 21) which was not accompanied by the appellate filing fee of $505.00. Pursuant to McGore v. Wrigglesworth, 114 F. 3d 601 (1997), it is hereby ORDERED that Petitioner pay the filing fee of $505.00 not later than October 31, 2017, to the Clerk of this Court, OR file by that date with the Sixth Circuit a motion to proceed on appeal in forma pauperis. Failure to pay the filing fee or file a motion to proceed in forma pauperis with supporting documents with the Sixth Circuit (1) may result in dismissal of the appeal for failure to prosecute and (2) will result in this Courts assessing the entire filing fee against Petitioner. If the appeal is dismissed for failure to prosecute, it will not be reinstated despite subsequent payment or filing of the in forma pauperis application. The Clerk shall certify a copy of this Order to the Sixth Circuit Court of Appeals. Signed by Magistrate Judge Michael R. Merz on 10/12/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)