Lackey v. Warden, London Correctional Institution
| Eddie M Lackey |
| Warden, London Correctional Institution |
| 3:2016cv00458 |
| November 3, 2016 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R. Merz |
| Walter H. Rice |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
33
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS ON MOTION FOR RECONSIDERATION (DOC. #] 32 ); OVERRULING PETITIONER'S MOTION FOR RECONSIDERATION (DOC. # 30 ); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; CASE TO REMAIN TERMINATED ON DOCKET. Signed by Judge Walter H. Rice on 8/21/17. (kma)(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
21
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 14 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 17 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ## 15 , 20 ); DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS (DOC. # 1 ); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO PROCEED IN FORMA PAUPER/S; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 6/26/17. (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
17
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the Report in light of the Objections, the Magistrate Judge again respectfully recommends the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with thi s 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 6/14/2017. Signed by Magistrate Judge Michael R. Merz on 5/31/2017. (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
14
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 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 5/26/2017. Signed by Magistrate Judge Michael R. Merz on 5/12/2017. (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: Eddie M Lackey | |
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| Respondent: Warden, London Correctional Institution | |
| Represented By: | M Scott Criss |
| Represented By: | Hilda Rosenberg |
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