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15-107 - Davidson v. Von Blanchensee


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15-107 - Davidson v. Von Blanchensee
July 25, 2016
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REPORT AND RECOMMENDATIONS recommending denying and dismissing with prejudice 1 Petition for Writ of Habeas Corpus filed by Bruce Alan Davidson, Jr., recommending granting 7 MOTION to Amend/Correct filed by Bruce Alan Davidson, Jr. 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. The Clerk of Court is directed to correct the misspelling of the Respondents name on the docket. Signed by Magistrate Judge James E. Seibert on 7/25/16. (njz) copy mailed to pro se pet via cert. return rec' mail (Additional attachment(s) added on 7/25/2016: # (1) Certified Mail Return Receipt) (njz).
January 6, 2017
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ORDER ADOPTING IN PART REPORT AND RECOMMENDATION: the Court finds that Magistrate Judge Seibert's 8 Report and Recommendation should be, and is hereby ADOPTED IN PART. The Court ORDERS that the Petitioner's 28 U.S.C. ยง 2241 1 petition is DENIED and DISMISSED with PREJUDICE. The Court further ORDERS that the Petitioner's 7 Motion to Amend is DENIED as MOOT. The Court ORDERS this case STRICKEN from its active docket. The Clerk is DIRECTED to enter a separate judgment order in favor of the Respondent. As a final matter, upon an independent review of the record, this Court hereby DENIES Petitioner a Certificate of Appealability, finding that he has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). Signed by Chief Judge Gina M. Groh on 1/6/2017. Copy mailed to pro se petitioner by CMRR. (cwm) (Additional attachment(s) added on 1/6/2017: # (1) Certified Mail Return Receipt) (cwm).