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17-020 - Lanham v. Plumley


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17-020 - Lanham v. Plumley
January 16, 2018
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rn Receipt) (wrr). (Main Document 69 replaced on 1/16/2018 to direct the Clerk to terminate the Magistrate Judge association in this case ) (mh). Modified on 1/16/2018. (mh). NEF regenREPORT AND RECOMMENDATION. It is recommended that the Respondents Motions for Summary Judgment [ECF Nos. 14 & 64 be GRANTED; the Respondents Motion to Dismiss Petitioners Amended Petition [ECF No. 48 be DENIED AS Moot; the Petitioners Motion for Leave to File Amendments [ECF No. 56 be GRANTED; the Petitioners Motion for New Trial and for Release from Custody [ECF No. 59 be DENIED AS MOOT; the Petitioners Motion to Submit New Evidence [ECF No. 62 be GRANTED; and the Amended Petition [ECF No.43 be DISMISSED WITH PREJUDICE. Within fourteen (14) days after being served with a copy of this report and recommendation, any party may file with the Clerk of Court written objections identifying those portions of the recommendation to which objection is made and the basis for such objections. Signed by Magistrate Judge James E. Seibert on 01/16/2018. (Copy to PS Petitioner via certified mail.)(wrr) (Additional attachment(s) added on 1/16/2018: # (1) Certified Mail Retu
March 28, 2018
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MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION DKT. NO. 69: The Court ADOPTS the R&R in its entirety (Dkt. No. 69); OVERRULES Lanhams objections (Dkt. Nos. [79;] 81);. GRANTS the respondents motions for summary judgment (Dkt. No. 14; 64); DENIES as MOOT the respondents motion to dismiss the petitioners amended petition (Dkt. No. 48); GRANTS the petitioners motion for leave to file amendments (Dkt. No. 56); DENIES as MOOT the petitioners motion for new trial and for release from custody (Dkt. No. 59); GRANTS the petitioners motion to submit new evidence(Dkt. No. 62); DENIES the petitioners motion to file an affidavit (Dkt.No. 70); GRANTS the petitioners motion to amend his objections to;the R&R (Dkt. No. 81); and DENIES the Amended Petition (Dkt. No. 43) and DISMISSESthis case WITH PREJUDICE. The Court finds that Lanham has not made the requisite showing, and DENIES a certificate of appealability. Signed by Senior Judge Irene M. Keeley on 3/28/18. (Attachments: # (1) Certified Mail Return Receipt)(jss)