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16-056 - Montgomery v. Coakley


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16-056 - Montgomery v. Coakley
March 2, 2017
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REPORT AND RECOMMENDATION: re: 1 Petition for Writ of Habeas Corpus filed by Richard Montgomery. RECOMMENDATION: that the 1 Petition be DENIED and DISMISSED WITH PREJUDICE. It is further RECOMMENDED that Petitioner's 14 Motion for Evidentiary Hearing; 15 Motion to Discharge Petitioner for Lack of Jurisdiction and for Summary Judgment and/or Judgment on the Pleading; and 16 Motion for Appoint of Counsel be DENIED AS MOOT. 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. Signed by Magistrate Judge Michael John Aloi on 3/2/2017. Copy mailed to pro se petitioner by CMRR. (cwm) (Additional attachment(s) added on 3/2/2017: # (1) Certified Mail Return Receipt) (cwm).
March 24, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: the Court ORDERS Magistrate Judge Aloi's 20 Report and Recommendation ADOPTED for the reasons more fully stated therein. The Court DENIES and DISMISSES the Petitioner's 1 28 U.S.C. §2241 petition WITH PREJUDICE and DENIES the Petitioner's 14 motion for evidentiary hearing, 15 motion to discharge and for summary judgment and 16 motion to appoint counsel AS MOOT. Because the instant petition seeks relief pursuant to §2241, the Court makes no certificate of appealability determination in this matter. The Court DIRECTS the Clerk to strike this case from the active docket and enter a separate judgment order in favor of the Respondent. Signed by Chief Judge Gina M. Groh on 03/24/2017. Copy mailed to pro se petitioner by CMRR. (cwm) (Additional attachment(s) added on 3/24/2017: # (1) Certified Mail Return Receipt) (cwm).