Ealy v. Warden, Brian Cook et al
||Larry E Ealy, r
||Warden, Brian Cook, Thomas Marclain and Mike Dewine
||March 7, 2018
||US District Court for the Southern District of Ohio
||Michael R. Merz
||Thomas M. Rose
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|March 23, 2018
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendations: It is ORDERED that the Petition for Writ of Habeas Corpus be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner is D ENIED a 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 toproceed in forma pauperis. Signed by Judge Thomas M. Rose on 3/23/18. (ep)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|March 8, 2018
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 3/22/2018. Signed by Magistrate Judge Michael R. Merz on 3/8/2018. (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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