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15-096 - Coppola v. O'Brien


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15-096 - Coppola v. O'Brien
June 1, 2016
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REPORT AND RECOMMENDATION: re: 27 MOTION to Dismiss Or, in the Alternative, MOTION for Summary Judgment; 31 MOTION to Strike Late Ex Parte Filing and Notice of Null and Void Orders; 40 PRO SE MOTION pursuant to 28 U.S.C. 1657 for an expedited ruling on the merits; summary judgment pursuant to Rule 56(c) Fed.R.Civ.P or an evidentiary hearing; 46 & 47 Motions for an Immediate Hearing on Objection to Order Requiring Respondent to Supplement His Filings and for Appointment of Counsel; and 1 PETITION for Writ of Habeas Corpus. RECOMMENDATION: that Respondent's 27 Motion to Dismiss or, in the alternative, Motion for Summary Judgment be GRANTED; Petitioner's 31 Motion to Strike Late Ex Parte Filing and Notice of Null and Void Order be DENIED AS MOOT; Petitioner's 40 Pro Se Motion pursuant to 28 U.S.C. § 1657 for an Expedited Ruling on the Merits; Summary Judgment pursuant to Rule 56(c) be DENIED AS MOOT; Petitioner's 46 & 47 Motions for an Immediate Hearing on Objection to Order Requiring Respondent to Supplement His Filings and for Appointment of Counsel be DENIED AS MOOT; and Petitioner's 1 §2241 petition be DENIED and DISMISSED WITH PREJUDICE. Within fourteen (14) days after being served with a copy of this Recommendation, any party may file with the Clerk of the Court written objections. Signed by Magistrate Judge Robert W. Trumble on 6/1/2016. Copy mailed to pro se petitioner by CMRR to his last known address as reflected on the docket sheet.(cwm) (Additional attachment(s) added on 6/1/2016: # (1) Certified Mail Return Receipt) (cwm).
September 8, 2016
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MEMORANDUM OPINION AND ORDER ADOPTING IN PART 58 REPORT AND RECOMMENDATION; DENYING as moot 31 Motion to Strike, 40 Motion to Expedite, 46 Motion for Hearing, 47 Motion to appoint to counsel filed by Joseph Coppola; GRANTING Respondent's 27 MOTION to Dismiss Or, in the Alternative MOTION for Summary Judgment ; and DENYING and DISMISSING Petitioner's 1 §2241 petition. This case is ORDERED stricken from the docket and the Clerk is directed to enter judgment in favor of the Respondent. Signed by Chief Judge Gina M. Groh on 9/8/2016. Copy sent certified mail, return receipt to pro se Petitioner.(tlg) (Additional attachment(s) added on 9/8/2016: # (1) Certified Mail Return Receipt) (tlg).