Hoop v. Warden Ohio Reformatory for Women
| 1:2006cv00603 |
| September 7, 2006 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| Timothy S. Black |
| Susan J. Dlott |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
159
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 155 Report and Recommendations. Petitioner is DENIED a certificate of appealability and the Court CERTIFIES to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Susan J. Dlott on 2/5/16. (wam)
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Filing
155
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Second Amended Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability a nd 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 11/23/2015. Signed by Magistrate Judge Michael R. Merz on 11/4/2015. (kpf)
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Filing
143
ORDER DISSOLVING STAY AND SETTING FURTHER PROCEEDINGS. Signed by Magistrate Judge Michael R Merz on 12/13/13. (pb1)
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Filing
133
ORDER - The Court has reviewed Petitioners Third Status Report (Doc. No. 132 ). Petitioner is ordered to furnish the Court with copies of the following documents: 1. The Common Pleas Court decision denying the first motion for new trial. 2. The Twelfth District Court of Appeals decision affirming that denial.3. The motion papers in favor and against jurisdiction in the Ohio Supreme Court. 4. Petitioners newest motion for new trial. Signed by Magistrate Judge Michael R Merz on 07/18/2012. (kf)
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Filing
126
DECISION AND ORDER ON MOTION TO TERMINATE PROTECTIVE ORDER - This case is before the Court on Petitioner's Motion to Terminate or Modify the Protective Order of August 31, 2009 (Doc. No. 124). The Court declines to terminate the Protective Order because the interest of Mr. Lindsey protected by it are still at stake. It is accordingly ORDERED that the Protective Order be, and it hereby is, modified to permit use of the sealed portions of the Lawrence Handorf proceeding in the currently pend ing proceeding in the Brown County Common Pleas Court (and on appeal from any judgment or decree in those proceedings) provided that the providing those portions are maintained under seal in the state courts. Signed by Magistrate Judge Michael R Merz on 8/23/2010. (kpf1)
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Filing
122
DECISION AND ORDER AGAIN STAYING PROCEEDINGS PENDING EXHAUSTION - It is ORDERED that all further proceedings herein are STAYED, pursuant to Rhines v. Weber, 544 U.S. 269 (2005), pending the outcome of state court proceedings. Petitioner is ordered t o file a petition for post-conviction relief in the Brown County Common Pleas Court or whatever other collateral remedies may be available to her not later than July 1, 2010, to attempt to obtain relief from the state courts on as many of her claims for relief as she believes those court will hear. The parties will keep this Court currently advised of the status of that litigation and any appeals. Signed by Magistrate Judge Michael R Merz on 6/14/2010. (kpf1)
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Filing
116
DECISION AND ORDER VACATING STAY OF PROCEEDINGS PENDING EXHAUSTION AND ORDERING BRIEFING ON THE EXHAUSTION QUESTION AS TO THE FIRST CLAIM FOR RELIEF - This case is before the Court on Petitioner's Motion to Submit Briefing as to the Issue of Exh austion (Doc. No. 115). It is ORDERED: 1. The Stay of these Proceedings (Doc. No. 113) is VACATED. 2. The Petitioner shall file her Motion seeking to have this Court determine that it can proceed without exhaustion of the First Claim for Relief not later than May 1, 2010. 3. Briefing on said Motion shall be in accordance with S. D. Ohio Civ. R. 7.2. Signed by Magistrate Judge Michael R Merz on 4/20/2010. (kpf1)
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Filing
113
DECISION AND ORDER STAYING PROCEEDINGS PENDING EXHAUSTION - All further proceedings herein are STAYED, pursuant to Rhines v. Weber, 544 U.S. 269 (2005), pending the outcome of state court proceedings. Petitioner is ordered to file a petition for post -conviction relief in the Brown County Common Pleas Court not later than May 1, 2010, to attempt to obtain relief from the state courts on as many of her claims for relief as she believes that court will hear. The parties will keep this Court currently advised of the status of that litigation and any appeals. Signed by Magistrate Judge Michael R Merz on 4/5/2010. (kpf1)
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Filing
111
DECISION AND ORDER DENYING RESPONDENT'S MOTION TO STAY PROCEEDINGS PENDING EXHAUSTION OF STATE COURT REMEDIES AND ORDERING RESPONDENT TO ANSWER THE AMENDED PETITION - Respondent's Motion to Stay Proceedings Pending Exhaustion of State Court Remedies (Doc. No. 107) is DENIED without ruling on the merits of the Motion. Respondent is ordered to file, not later than April 5, 2010, an answer to the Amended Petition which conforms in all respects to Rule 5 of the Rules Governing § 2254 Cases including pleading all defenses which Respondent wishes to raise as to each of Petitioner's Claims for Relief. Failure to plead lack of exhaustion with respect to any claim in the Amended Petition will be read by the Court as an express waiver of the defense of lack of exhaustion as to that claim. This Decision renders moot Petitioner's Motion to Compel (Doc. No. 110). Signed by Magistrate Judge Michael R Merz on 3/24/2010. (kpf1)
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Filing
89
SCHEDULING ORDER - It is ordered that any motion to amend the Petition herein be filed not later than October 1, 2009. If Petitioner intends to seek an evidentiary hearing in this case or to move to expand the record, any such motion shall be filed n ot later than October 30, 2009. Any such motion shall show Petitioner's entitlement to an evidentiary hearing under the requirements of 28 U.S.C. § 2254(e)(2) and shall set forth the identities of the persons intended to be called as witnes ses. To the extent Petitioner intends to attempt to expand the record to include materials to be considered on the merits, this Court has a strong preference for live testimony and believes expansion of the record with materials to be considered on the merits must satisfy § 2254(e)(2). Signed by Magistrate Judge Michael R Merz on 9/5/2009. (kopf1, )
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Filing
86
ORDER by Chief Judge Susan J. Dlott. The Decision and Order of the Magistrate Judge (doc. 78) is AFFIRMED. Lindseys Objection and Appeal (doc. 79) is OVERRULED. (wam1, )
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Filing
84
FINAL RELEASE AND PROTECTIVE ORDER - On August 25, 2009, the Magistrate Judge notified the parties of his intention to proceed with release of the work product portions of the Lawrence Handorf deposition to Petitioner's counsel on August 31, 200 9, unless earlier stayed by higher authority. No such stay has been entered, nor has the Magistrate Judge been advised of any application to Chief Judge Dlott or the Sixth Circuit for such a stay. Accordingly, the Clerk will transmit a copy of the wo rk product sealed portion of the deposition (docketed as Handorf Sealed Redacted, being a version of Doc. No. 56 redacted to protect information not ordered to be released) to Mr. McNamara at the close of court business today. It is accordingly orde red that the portion of the Handorf deposition released by the Court to Mr. McNamara this date 1. Be maintained by the Clerk under seal; and 2. That Mr. McNamara maintain the document in confidence, disclosing the contents thereof to no one other tha n those associated with him in the practice of law and, in his discretion, to his client, who is further ordered to reveal it to no one; 3. That if it becomes necessary to refer to the information in public filings in this Court or during open court proceedings, counsel consult as to whether the information should be maintained under seal or must be made public. See Procter & Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th Cir. 1996). Signed by Magistrate Judge Michael R Merz on 8/31/2009. (kopf1, )
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Filing
81
NOTICE REGARDING RELEASE OF SEALED DEPOSITION - The parties are hereby notified that: 1. Unless stayed by Chief Judge Dlott or the Sixth Circuit, the order releasing the sealed portion of the Handorf deposition will be carried into effect on August 3 1, 2009. 2. In answer to Petitioner's counsel's request, the release will be effected by mailing a copy to him from the Court. 3. While the Court has determined that, as between Petitioner and Intervenor, Mr. Lindsey is no longer entitled t o the asserted work product protection, this does not necessarily imply that the document should become "public," i.e., unsealed on the records of this Court and therefore available to the general public. The Court is willing to entertain a joint motion for protective order which would keep the material from public release until further order of the Court. See Procter & Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th Cir. 1996). Signed by Magistrate Judge Michael R Merz on 8/25/2009. (kopf1, )
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Filing
78
DECISION AND ORDER DENYING INTERVENOR'S MOTION FOR STAY PENDING PETITION FOR REHEARING EN BANC. Signed by Magistrate Judge Michael R Merz on 8/6/2009. (gh1, )
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Filing
73
ORDER STAYING RELEASE OF HANDORF DEPOSITION PENDING MANDAMUS ACTION - Release of the sealed portion of the Handorf deposition is STAYED pending a decision by the Sixth Circuit on Intervenors mandamus petition. The parties shall keep the Court currently advised of the progress of those proceedings. Signed by Magistrate Judge Michael R Merz on 5/13/2009. (kopf1, ) Modified on 5/13/2009 to correct signature date (kopf1, ).
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Filing
68
ORDER REGARDING SEALED DEPOSITION - This Court will delay the release of the sealed portion of the Lawrence Handorf deposition to Petitioner's counsel to and including May 1, 2009. Signed by Magistrate Judge Michael R Merz on 4/17/2009. (kopf1, )
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Filing
61
SUPPLEMENTAL DECISION ON PRIVILEGE OBJECTIONS DURING THE DEPOSITION OF LAWRENCE HANDORF - Signed by Magistrate Judge Michael R Merz on 2/7/2009. (kopf1, )
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