Vanderschuit #247948 v. Ryan et al
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|Date Filed||#||Document Text|
|December 21, 2016
ORDER ADOPTING REPORT AND RECOMMENDATION: The motion to supplement (Doc. 54 ) is granted to the limited extent that the Court considered the additional documents filed on November 23, 2016. The Report and Recommendation (Doc. 44 ) is accepted. Th e objections (Doc. 53 ) are overruled. The Clerk of the Court shall enter judgment denying and dismissing the Petition, with prejudice. Pursuant to Rule 11 of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Co urt denies issuance of a certificate of appealability because dismissal of portions of the petition is based on a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable, and Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 12/21/2016. (REK)
|September 21, 2016
ORDER: The Magistrate Judge's Report and Recommendation (Doc. 44 ) is ACCEPTED; accordingly, Petitioner's Petition for Writ of Habeas Corpus is denied and dismissed with prejudice; in the event Petitioner files an appeal and consistent w ith the unobjected-to recommendation in the R&R (Doc. 44 at 33), the Court denies issuance of a certificate of appealability because jurists of reason would not find the procedural rulings debatable and Petitioner has not made a substantial showing of the denial of a constitutional right; and, the Clerk of the Court shall enter judgment of dismissal with prejudice. Signed by Senior Judge James A Teilborg on 9/21/2016. (REK)
|February 18, 2016
ORDER: Petitioner's Motion to Clarify, (Doc. 24 ), is reclassified as a Notice to the Court. The Report and Recommendation, (Doc. 21 ), is accepted and adopted, hereby granting Respondents Motion to Stay, (Doc. 19 ), and Petitioner's Mo tion to Stay. (Doc. 20 ). Accordingly, Petitioner's Petition for Writ of Habeas Corpus is stayed and held in abeyance until Petitioner's Ground Five claims are exhausted in state court. Petitioner's Motion to Strike Prior Motion and to Grant Leave to File an Amended Habeas Petition, (Doc. 23 ), is DENIED. Petitioner's objections to the Magistrate Judge's R&R, (Doc. 25 ), are overruled. This case is still referred to the Magistrate Judge for further proceedings. Wit hin thirty days after the date of this Order, Respondents must inform the Court of the status of Petitioner's proceeding in state court. Petitioner must diligently pursue his state remedies. Every ninety days after the filing of the initial status report, Respondents must file a report regarding the status of the state court proceedings. Signed by Senior Judge James A Teilborg on 2/18/2016. (REK)
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