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15-159 - Jenkins v. Plumley


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15-159 - Jenkins v. Plumley
January 30, 2017
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REPORT AND RECOMMENDATION: The undersigned recommends that Petitioners 1 § 2254 petition be GRANTED, and this matter be remanded to the Circuit Court ofMarion County for a new sentencing hearing. The Respondents 20 Motion forSummary Judgment be DENIED. It is further RECOMMENDED that the Petitioners 28 Motion to Amend, 29 Motion for Stay and Abeyance, and 30 Motion to StrikeExhibits be DENIED as moot. Objections to R&R due within 14 days of receipt. Signed by Magistrate Judge James E. Seibert on 1/30/2017. (kac) (Copy to pro se Petitioner (via cm/rrr)) (Additional attachment(s) added on 1/30/2017: # (1) Certified Mail Return Receipt) (kac).
March 23, 2017
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MEMORANDUM OPINION AND ORDER ADOPTING AND AFFIRMING 40 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DENYING 28 PETITIONER'S MOTION FOR LEAVE TO AMEND THE PETITION, DENYING 29 PETITIONER'S MOTION FOR STAY AND ABEYANCE, DENYING 30 PETITIONER'S MOTION TO STRIKE, OVERRULING 42 RESPONDENT'S OBJECTIONS, OVERRULING 43 PETITIONER'S OBJECTIONS, DENYING 20 RESPONDENT'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART1 § 2254 PETITION. Accordingly, this civil action is hereby DISMISSED and STRICKEN from the active docket of this Court. Should the Petitioner choose to appeal, he is ADVISED that he must file a notice of appeal with the Clerk of the Court within 30 days after the date of entry of this order. The Clerk is DIRECTED to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/23/2017. (copy to Pro Se Petitioner via CM,rrr; copy to counsel via CM/ECF) (nmm) (Additional attachment(s) added on 3/23/2017: # (1) Certified Mail Return Receipt) (nmm).