Fellows v. Vermont
||Frank W. Fellows
||State of Vermont
||September 20, 2017
||US District Court for the District of Vermont
||John M. Conroy
||Geoffrey W. Crawford
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|April 25, 2018
OPINION AND ORDER Adopting 15 Report and Recommendation; dismissing 3 Motion for Writ of Habeas Corpus; granting in part and denying in part 5 Motion to Dismiss; denying 5 Motion to Require Petitioner to Establish Grounds for Stay and Abey ance. Pursuant to Fed. R. App. P. 22(b)(l) and 28 U.S.C. § 2253(c)(2), the court DENIES Petitioner a certificate of appealability in this matter because Petitioner has failed to make a substantial showing of the denial of a constitutional right. Signed by Chief Judge Geoffrey W. Crawford on 4/25/2018. (esb)
|March 2, 2018
REPORT AND RECOMMENDATION recommending that Respondents' 5 MOTION to Dismiss be granted in part, as follows: Petitioner's 3 PETITION for Writ of Habeas Corpus should be dismissed without prejudice as unexhausted, except with respect to his claims regarding the ineffectiveness of his PCR counsel and his Vermont Public Defender Act claims, which should be dismissed with prejudice. I also recommend that in light of these recommendations Respondent's 5 M OTION for Stay and Abeyance be denied. I further recommend that the Court refrain from issuing a certificate of appealability. ORDERED: That portion of Respondent's 5 Motion seeking to substitute the Commissioner of Corrections as th e proper Respondent is GRANTED. Regarding the remaining motions, Respondent's 7 MOTION for Extension of Time to File Answer is DENIED as moot; Petitioner's 9 MOTION for Order re: Recording of Vermont State Police and for Transcripts of P.C.R. Trial in Vt. Super. Ct. is DENIED as moot; and 14 MOTION for Telephone Status Conference is DENIED as moot. Objections to R&R due by 3/19/2018. Signed by Judge John M. Conroy on 3/2/2018. (hbc)
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