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16-027 - Martinez v. Coakly et al


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16-027 - Martinez v. Coakly et al
June 9, 2016
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REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus: The Magistrate Judge RECOMMENDS that Petitioner's Petition be DENIED and DISMISSED WITH PREJUDICE. Written objections may be filed within 14 days after being served. Signed by Magistrate Judge Robert W. Trumble on 6/9/16. (copy Petitioner)(cnd) (Additional attachment(s) added on 6/9/2016: # (1) Certified Mail Return Receipt) (cnd).
February 2, 2017
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ORDER adopting Report and Recommendations: The Report and Recommendation 6 is ORDERED ADOPTED for the reasons more fully stated in the magistrate judges report. ORDERED that the petitioners § 2241 petition 1 be DENIED and DISMISSED WITH PREJUDICE. Further, Petitioners Motion for Emergency Hearing for Writ of Habeas Corpus, to Review Cause of His Detention, Be Considered Illegal, under 28 U.S.C. § 2241, and That This Court Enter an Order for His Immediate Release on His Own Recognizance 10 is DENIED. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court. As a final matter, upon an independent review of the record, this Court hereby DENIES a certificate of appealability. Signed by District Judge John Preston Bailey on 2/2/17. (Attachments: # (1) Certified Mail Return Receipt)(jss)