Palubicki v. State of Minnesota et al
| Anthony John Palubicki |
| State of Minnesota and State of Vermont |
| 1:2016cv00250 |
| September 14, 2016 |
| US District Court for the District of Vermont |
| Brattleboro Office |
| Orleans |
| John M. Conroy |
| J. Garvan Murtha |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
6
ORDER Affirming, approving and adopting 5 Magistrate Judge's Report and Recommendation and granting 4 Motion to Change Venue. This case shall be transferred to the United States District Court for the District of Minnesota. It is fur ther certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by District Judge J. Garvan Murtha on 1/25/2017. (kak) Signature date clarified on 1/30/2017 (law).
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Filing
5
REPORT AND RECOMMENDATION recommending that Respondent State of Vermont's 4 MOTION to Dismiss or MOTION to Change Venue be granted and Petitioner's 3 PETITION for Writ of Habeas Corpus be denied. It is further recommended that the Court refrain from issuing a certificate of appealability and from ordering an evidentiary hearing. ORDERED: Respondent State of Vermont's 4 MOTION for Extension of Time to File Answer is GRANTED, and if necessary, the time for filing an Answer to 3 Petition is enlarged to 30 days after the Court's ruling on this Report and Recommendation. Objections to R&R due by 1/6/2017. Signed by Judge John M. Conroy on 12/19/2016. (hbc)
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