Ealy v. Barrett et al
| Lance Ealy |
| Barrett, United States Marshall Service and Sherrif Richard Jones - Butler County Jail |
| 3:2015cv00351 |
| October 2, 2015 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R. Merz |
| Thomas M. Rose |
| General |
| 28 U.S.C. ยง 2241 |
| None |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
8
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court DISMISSES the Petition for Writ of Habeas Corpus 5 with prejudice, the Court CERTIFIES to the Sixth Circuit that any appeal would be objectively frivolous and therefore Ealy should not be permit ted to proceed in forma pauperis; and the Clerk is ORDERED to terminate this case on the docket of this Court. Signed by Judge Thomas M. Rose on 12-1-2015. (de)(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
6
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition herein be dismissed with prejudice. Because the certificate of appealability provisions of 28 U.S.C. § 2253(c) do not apply to a petition under § 2241, the Magist rate Judge makes no recommendation on that question; it is not an issue in this case. However, it is recommended that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proce ed in forma pauperis. Objections to R&R due by 11/2/2015. Signed by Magistrate Judge Michael R. Merz on 10/15/2015. (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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