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15-237 - McNemar v. Plumley


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15-237 - McNemar v. Plumley
May 20, 2016
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REPORT AND RECOMMENDATIONS: The undersigned RECOMMENDS that the Respondents 20 Motion to Dismiss as Procedurally Barred be GRANTED and Petitioners 1Petition for Writ of Habeas Corpus be DENIED and DISMISSED WITH PREJUDICE.Any party may, within fourteen (14) days of the filing of this recommendation, file with the Clerk of Court written objections. Signed by Magistrate Judge James E. Seibert on 5/20/16. (Attachments: # (1) Certified Mail Return Receipt)(jss)
March 24, 2017
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MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION 26, GRANTING RESPONDENTS MOTION TO DISMISS [DKT. NO. 20], AND DENYING CERTIFICATE OF APPEALABILITY. The Court ADOPTS the R&R 26, GRANTS Plumleys motion to dismiss 20, and DENIES and DISMISSES the Petition WITH PREJUDICE 1. The Court concludes that McNemar has failed to make the requisite showing, and DENIES a certificate of appealability. The Court DIRECTS the Clerk to enter a separate judgment order, and to remove this case from the Courts active docket. Signed by District Judge Irene M. Keeley on 3/24/17. (Attachments: # (1) Certified Mail Return Receipt)(jss)