Exon v. Warden North Central Correctional Institution
| Jerry Exon, Jr |
| Warden North Central Correctional Institution |
| 3:2016cv00344 |
| August 12, 2016 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| CLARK |
| Michael R. Merz |
| Walter H. Rice |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
11
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S INITIAL REPORT AND RECOMMENDATIONS (DOC. # 2 ), SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #6), AND SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 9 ); OVERRULING PETITIONER 'S OBJECTIONS THERETO (DOCS. ## 4 , 7 , 10 ); DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS (DOC. # 1 ); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/27/17. (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
9
SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Based on the foregoing analysis, the Magistrate Judge again concludes that the Petition herein should be DISMISSED WITH PREJUDICE. Because reasonable jurists would not disagree with this conclusion, Pe titioner 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 11/14/2016. Signed by Magistrate Judge Michael R. Merz on 10/26/2016. (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
6
SUPPLEMENTAL REPORT AND RECOMMENDATIONS Objections to R&R due by 10/17/2016. Signed by Magistrate Judge Michael R. Merz on 9/29/2016. (srb)(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
2
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition herein be DISMISSED WITH PREJUDICE. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the C ourt 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 9/1/2016. Signed by Magistrate Judge Michael R. Merz on 8/15/2016. (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: Jerry Exon, Jr | |
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| Respondent: Warden North Central Correctional Institution | |
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