Lawrence v. Warden, Marion Correctional Institution
| Dustin Lawrence |
| Warden, Marion Correctional Institution |
| 1:2022cv00359 |
| June 21, 2022 |
| US District Court for the Southern District of Ohio |
| Karen L Litkovitz |
| Matthew W McFarland |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
26
OPINION AND ORDER: As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that Plaintiff's Objections (Docs. 18 , [25 ]) are not well-taken and accordingly OVERRULED. The Court ADOPTS the Report and Recommendations (Doc. 17 ) and Supplemental Report and Recommendations (Doc. 20 ) in their entirety. The Court ORDERS the following: (1) Petitioner's Peti tion for Writ of Habeas Corpus (Doc. 1 ) is DISMISSED WITH PREJUDICE; (2) The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order would not be taken in good faith, and therefore, denies Plaintiff leave to appe al in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997); and (3) This case is TERMINATED from the Court's docket. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 01/31/2024. (kaf)(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 - the Magistrate Judge again respectfully recommends that it be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis re 17 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Dustin Lawrence. Objections to R&R due by 10/4/2023. Signed by Magistrate Judge Michael R. Merz on 9/19/23. (pb)(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 - The Magistrate Judge respectfully recommends that the Petition herein be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a ce rtificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 9/6/2023. Signed by Magistrate Judge Michael R. Merz on 8/23/2023. (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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| Plaintiff: Dustin Lawrence | |
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| Defendant: Warden, Marion Correctional Institution | |
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