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17-407 - Black v. Montgomery County Court of Common Pleas et al


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17-407 - Black v. Montgomery County Court of Common Pleas et al
January 3, 2018
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REPORT AND RECOMMENDATIONS - Therefore it is respectfully recommended that the Petition herein be dismissed with prejudice as barred by the statute of limitations unless Petitioner provides some legally adequate explanation of the delay in any objections he files to this Report. 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. re 7 Objections to R&R due by 1/17/2018. Signed by Magistrate Judge Michael R. Merz on 1/3/18. (kma)(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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RECOMMITTAL ORDER - This case is before the Court on Petitioner's Objections (ECF No. 9) to the Magistrate Judge's Report and Recommendations (ECF No. 8). 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 report analyzing the Objections and making recommendations based on thatanalysis.. 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.)
January 24, 2018
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again respectfully recommends that Petition herein be dismissed with prejudice as barred by the statute of limitations. 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 2/7/2018. Signed by Magistrate Judge Michael R. Merz on 1/24/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)