Ealy v. Plummer
| Larry E Ealy |
| Phil Plummer |
| 3:2008cv00473 |
| December 19, 2008 |
| US District Court for the Southern District of Ohio |
| Habeas Corpus (General) Office |
| MONTGOMERY |
| Michael R Merz |
| Walter H Rice |
| None |
| Federal Question |
| 28:1331 Fed. Question |
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Filing
11
JUDGMENT THAT PETITIONER LARRY E. EALY TAKE NOTHING AND THAT THE PETITION BE AND HEREBY IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST AVAILABLE STATE COURT REMEDIES. PETITIONER'S ANTICIPATED REQUEST TO APPEAL IN FORMA PAUPERIS AND FOR CERTIFICATE OF APPEALABILITY IS DENIED. Notice of disposal attached. Signed on 2/10/2009. (sc1, ) Modified on 2/10/2009 to edit text (sc1, ).
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Filing
9
SUPPLEMENTAL REPORT AND RECOMMENDATIONS; ORDER DENYING MOTION TO AMEND AND REQUEST FOR RECUSAL - It is again recommended that the Petition be dismissed without prejudice for lack of exhaustion for the same reasons given in the original Report. Objections to R&R due by 2/6/2009. Signed by Magistrate Judge Michael R Merz on 1/16/2009. (kopf1, )
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Filing
5
REPORT AND RECOMMENDATIONS - Because Mr. Ealy has not exhausted available state court remedies or otherwise shown that his failure to exhaust should be excused, his Petition should be dismissed without prejudice. Reasonable jurists would not disagree with this conclusion and therefore Mr. Ealy should be denied a certificate of appealability and leave to proceed on appeal in forma pauperis. Objections to R&R due by 1/23/2009. Signed by Magistrate Judge Michael R Merz on 1/3/2009. (kopf1, )
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| Plaintiff: Larry E Ealy | |
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| Defendant: Phil Plummer | |
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