Malone v. Warden, Noble Correctional Institution
| Warden, Noble Correctional Institution |
| Michael Antonio Malone |
| 1:2017cv00548 |
| August 18, 2017 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| NOBLE |
| Michael R. Barrett |
| J. Gregory Wehrman |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
22
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court ACCEPTS and ADOPTS the ultimate recommendation set forth in the Magistrate Judge's 17 April 4, 2019 R&R and his 20 May 8, 2019 Supplemental R&R as to Grounds One, Three, and Six of the 1 Petition. Petitioner's 18 21 objections, to the extent they relate to Grounds One, Three, and Six, are OVERRULED. Thus, the 1 Petition is DISMISSED in its entirety with prejudice. Because reasonable jurists would not disagree with this co nclusion, Petitioner is DENIED a certificate of appealability. The Court CERTIFIES that any appeal to the United States Court of Appeals for the Sixth Circuit would be objectively frivolous and, consequently, Petitioner is DENIED leave to appeal in forma pauperis. Signed by Judge Michael R. Barrett on 3/31/2022. (kkz)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
20
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections, the Magistrate Judge again recommends it 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 5/22/2019. Signed by Magistrate Judge Michael R. Merz on 5/8/2019. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
17
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion,Petitioner should be denied a certificate of appealability and the Court s hould 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 4/18/2019. Signed by Magistrate Judge Michael R. Merz on 4/4/2019. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Petitioner: Michael Antonio Malone | |
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| Defendant: Warden, Noble Correctional Institution | |
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