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17-079 - Holmes v. Hendrix


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17-079 - Holmes v. Hendrix
March 14, 2018
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REPORT AND RECOMMENDATIONS: recommending that Respondent's construed Motion for Summary Judgment [ECF No. 12 be GRANTED and the petition [ECF No. 1 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. The Clerk of Court is further DIRECTED to terminate the Magistrate Judge association with this case. Signed by Magistrate Judge James E. Seibert on 3/14/18. copy mailed to pro se pet via cert. return rec't mail(njz) (Additional attachment(s) added on 3/14/2018: # (1) Certified Mail Return Receipt) (njz).
April 9, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION. This Court GRANTS respondent's construed Motion for Summary Judgment [Doc. 12). Further, this Court ORDERS that the petitioner's Petition for Habeas Corpus Pursuant to 28 U.S.C. ยง 2241 [Doc. 1 be DENIED and DISMISSED WITH PREJUDICE. This Court further ORDERS that this matter be STRICKEN from the active docket of this Court and DIRECTS the Clerk to enter judgment in favor of the respondent. 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 4/9/18. (njz) copy mailed to pro se pet via cert. return rec't mail