Kelley v. Warden
| John Kelley |
| Warden, Lebanon Correctional Insititution |
| 1:2016cv00274 |
| January 29, 2016 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| WARREN |
| Susan J. Dlott |
| Karen L. Litkovitz |
| 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
28
ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS : The Court has reviewed the Supplemental Report andRecommendation of United States Magistrate Judge Michael R. Merz, hereby ADOPTS said Supplemental Report and Recommendation. Accordingly, it is hereby ORDERED that the Petition be DISMISSED with prejudice. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis.. Signed by Judge Susan J. Dlott on 8/24/2017. (jlw) (Main Document 28 replaced on 8/24/2017) (jlw).
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Filing
27
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reviewed the Report in light of the Objections, the Magistrate Judge concludes Kelley should not be held to have procedurally defaulted any claim on the basis of Mr. Bennett's failure to file a nd the recommendations in the Report to the contrary have been withdrawn. However, even with that withdrawal, Kelley is not entitled to habeas corpus relief and it is again respectfully recommended that his Petition be dismissed with prejudice. Aft er de novo review of both this and the original Report, the District Court should enter judgment to that effect. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and t he 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 8/22/2017. Signed by Magistrate Judge Michael R. Merz on 8/8/2017. (kpf)
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Filing
13
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 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 6/19/2017. Signed by Magistrate Judge Michael R. Merz on 6/5/2017. (kpf)
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| Petitioner: John Kelley | |
| Represented By: | William Richard Gallagher |
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| Respondent: Warden, Lebanon Correctional Insititution | |
| Represented By: | Hilda Rosenberg |
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