Hayes v. Warden Noble Correctional Institution
| Ryan M. Hayes |
| Warden Noble Correctional Institution |
| 3:2018cv00055 |
| February 27, 2018 |
| U.S. 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
6
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Supplemental Report and Recommendations - Accordingly, it is hereby ORDERED that the Petition be DISMISSED 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 Walter H. Rice on 4/30/18. (kma)
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Filing
5
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections, the Magistrate Judge again respectfully recommends that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with th is 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 3/28/2018. Signed by Magistrate Judge Michael R. Merz on 3/14/2018. (kpf)
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Filing
2
REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability an d 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 3/14/2018. Signed by Magistrate Judge Michael R. Merz on 2/28/2018. (kpf)
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| Petitioner: Ryan M. Hayes | |
| Represented By: | Darrell Lee Heckman |
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| Respondent: Warden Noble Correctional Institution | |
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