Buck v. Warden Dayton Correctional Institution
| Roxanne Buck |
| Warden Dayton Correctional Institution |
| 3:2017cv00344 |
| October 5, 2017 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| SUMMIT |
| Michael R. Merz |
| Thomas M. Rose |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
7
ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS 6 - The Court has reviewed the Supplemental Report and Recommendations of United StatesMagistrate Judge Michael R. Merz 6 , to whom this case was referred pursuant to 28 U.S.C. Section 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Supplemental Report and Recommendations.It is hereby ORDERED that the Petition be DISMISSE D with prejudice.Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Thomas M. Rose on 12-1-2017. (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
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again respectfully recommends that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificat e 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 11/20/2017. Signed by Magistrate Judge Michael R. Merz on 11/6/2017. (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
5
RECOMMITTAL ORDER - The District Judge has preliminarily considered the Objections 4 and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matt er is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Thomas M. Rose on 10-25-2017. (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
3
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 10/20/2017. Signed by Magistrate Judge Michael R. Merz on 10/6/2017. (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: Roxanne Buck | |
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| Respondent: Warden Dayton Correctional Institution | |
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