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05-124 - MCNATT v. LOBAUGH, et al


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05-124 - MCNATT v. LOBAUGH, et al
January 29, 2007
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Judge Susan Paradise Baxter on 1/29/07. (lrw)REPORT AND RECOMMENDATIONS that 20 MOTION to Dismiss filed by OLIVER J. LOBAUGH, be granted, that the Petition for Writ of Habeas Corpus be dismissed, and that a certificate of appealability be denied. Objections to R&R due by 2/15/2007. Signed by
March 26, 2007
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MEMORANDUM ORDER granting 20 Motion to Dismiss, adopting Report and Recommendations re 25 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 3/26/07. (nk)
May 17, 2007
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ORDER granting 29 Petitioner's Motion for Reconsideration of Memorandum Order Adopting Magistrate Judge's Report and Recommendation. IT IS HEREBY ORDERED that the Petitioner's 29 Motion for Reconsideration is GRANTED and this case be re-opened. It is further ordered that this matter be referred to Magistrate Judge Baxter for a Report and Recommendation addressing whether the doctrines of exhaustion and/or procedural default apply to Petitioner's claims and, in the case of the latter, whether dismissing those claims as procedurally defaulted would amount to a fundamental miscarriage of justice. Signed by Judge Sean J. McLaughlin on 05/17/07. (jdg)
July 17, 2008
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REPORT AND RECOMMENDATION that Petition for Writ of Habeas Corpus filed by EDWARD JOSEPH MCNATT, be dismissed, that this Court's proposed findings of fact and conclusions of law be adopted, and that a certificate of appealability be denied. Objections to R&R due by 8/4/2008. Signed by Judge Susan Paradise Baxter on 7/17/08. (lrw)
October 10, 2008
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MEMORANDUM ORDER: AND NOW, this 10th day of October, 2008; IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DENIED and that a certificate of appealability is DENIED. The July 17, 2008 Report and Recommendation of Chief Magistrate Judge Baxter 44, as well as the proposed findings of fact and conclusions of law contained therein, are adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 10/10/2008. (kas)