Lytle v. Buchanan
| Robert Lytle, Jr. |
| Warden, Noble Correctional Institution |
| 2:2017cv01146 |
| December 27, 2017 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| FRANKLIN |
| Kimberly A. Jolson |
| Edmund A. Sargus |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
31
OPINION and ORDER ADOPTING and AFFIRMING the Report and Recommendation 12 , the Supplemental Report and Recommendation 18 and the Second Supplemental Report and Recommendation 23 in that this action is DISMISSED. The Court DECLINES to issue a c ertificate of appealability. The Court certifies pursuant to 28 USC 1915 (a)(3) that the appeal would not be in good faith and that an application to proceed in forma pauperis on appeal should be DENIED. Signed by Chief Judge Edmund A. Sargus on 5/25/19. (sem)
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Filing
23
SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that the Petition herein be dismissed with prejudice, that the Petitioner be denied a certificate of appealability, and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 11/20/2018. Signed by Magistrate Judge Michael R. Merz on 11/6/2018. (kpf)
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Filing
18
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Objections do not show that the Report contains errors of law or clearly erroneous findings of fact. Accordingly, the Magistrate Judge again respectfully recommends that the Petition be dismissed with p rejudice. 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 10/2/2018. Signed by Magistrate Judge Michael R. Merz on 9/18/2018. (kpf)
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Filing
12
REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and th e 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 8/9/2018. Signed by Magistrate Judge Michael R. Merz on 7/25/2018. (kpf)
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| Petitioner: Robert Lytle, Jr. | |
| Represented By: | Christian Mark Cavalier |
| Represented By: | Travis T Dunnington |
| Represented By: | Jason Dorval Norwood |
| Represented By: | Jon Paul Rion |
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| Respondent: Warden, Noble Correctional Institution | |
| Represented By: | Jerri Lynne Fosnaught |
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