Boscarino v.Warden, Lebanon Correctional Institute
| Nikolaos Boscarino |
| Warden, Lebanon Correctional Institute |
| 3:2015cv00072 |
| February 20, 2015 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R Merz |
| Walter H Rice |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
15
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 10 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 13 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ## 11 , 14 ); DISMISSING PETIT ION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE (DOC. # 1 ); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H Rice on 9/8/15. (pb)
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Filing
13
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again respectfully recommends the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of a ppealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 7/20/2015. Signed by Magistrate Judge Michael R. Merz on 7/1/2015. (kpf)
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Filing
10
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition herein be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the C ourt should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 6/18/2015. Signed by Magistrate Judge Michael R. Merz on 6/1/2015. (kpf)
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| Petitioner: Nikolaos Boscarino | |
| Represented By: | Dwight Dean Brannon |
| Represented By: | Matthew Schultz |
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| Respondent: Warden, Lebanon Correctional Institute | |
| Represented By: | M Scott Criss |
| Represented By: | Hilda Rosenberg |
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