Creech v. Warden, Chillicothe Correctional Institution
| Scott D. Creech |
| Warden, Chillicothe Correctional Institution |
| 1:2015cv00193 |
| March 19, 2015 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| ROSS |
| Michael R. Barrett |
| Stephanie K. Bowman |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
94
ORDER adopting the 85 February 3, 2022 Report and Recommendations (R&R) and 90 March 23, 2022 Supplemental R&R; denying 84 Petitioner's Motion to Vacate Judgment Pursuant to [Fed.R.Civ.P.] 60(b)(6) for Fraud Upon the Court; Because reasona ble jurists would agree that Petitioner is not entitled to relief pursuant to Rule 60(b) under these circumstances, the Court DENIES a certificate of appealability (COA) from this Order; with respect to any application by Petitioner to proceed on ap peal in forma pauperis, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order adopting the R&R and Supplemental R&R would not be taken in good faith and, therefore, this Court denies petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Signed by Judge Michael R. Barrett on 9/27/2022. (kkz)(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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Filing
90
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again respectfully recommends the Motion be denied. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 4/6/2022. Signed by Magistrate Judge Michael R. Merz on 3/21/2022. (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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Filing
85
REPORT AND RECOMMENDATIONS - Petitioner's Motion to Vacate should be dismissed for lack of jurisdiction. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a certificate of appea lability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 2/17/2022. Signed by Magistrate Judge Michael R. Merz on 2/2/2022. (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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Filing
77
ORDER adopting Report and Recommendations re 48 55 Report and Recommendations overruling 65 68 Objections; the Petitioner's 41 Amended Petition is DISMISSED with PREJUDICE. Signed by Judge Michael R. Barrett on 8/13/20. (ba)(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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Filing
67
ORDER DENYING MOTION TO AMEND OR STAY 66 . Signed by Magistrate Judge Michael R. Merz on 10/3/2018. (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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Filing
48
REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Amended Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appeala bility 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 5/22/2018. Signed by Magistrate Judge Michael R. Merz on 5/8/2018. (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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Filing
38
SCHEDULING ORDER - Accordingly, Petitioner is ordered to file a motion for leave to amend which shall have attached a complete proposed amended petition not later than January 29, 2018. This document shall be merely the proposed pleading with no attachments except it shall be accompanied by a memorandum showing why, in Petitioners opinion, amendments are not barred by the statute of limitations. The motion to amend will be briefed on the usual schedule provided by S. D. Ohio Civ. R. 7.2, to wit, twenty-one days for any memorandum in opposition and seventeen days thereafter for any reply memorandum. If the Court allows the amendment, it will order an amended return from Respondent, accompanied by the state court record, prepared i n the way now customary in these cases, to wit, in a bookmarked. pdf document. When that is complete, Petitioner may move to expand the record to include additional documents he believes are necessary for adjudication of the case. The instant Moti on to File Documents to Supplement the Record is DENIED without prejudice to its renewal after the State Court Record in complete form has been filed. Signed by Magistrate Judge Michael R. Merz on 12/29/2017. (srb)(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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Filing
36
ORDER VACATING STAY - Based on recent status reports from the Warden to which Petitioner has not objected, the Court finds that the state court proceedings in deference to which this case was stayed are now final. Accordingly, the Stay of Proceedings (ECF No. 26 ) is VACATED and the Magistrate Judge treats the case as ripe for decision. Signed by Magistrate Judge Michael R. Merz on 12/27/17. (pb)(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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Filing
25
ORDER VACATING STAY - Upon advice from Respondent (ECF No. 24) that the Ohio Supreme Court has concluded the state court proceedings for which a stay was entered, it is hereby ordered that the stay entered March 18, 2016, be, and it hereby is VACATED. The Court now considers this case ripe for decision. Signed by Magistrate Judge Michael R. Merz on 9/26/2016. (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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Filing
23
DECISION AND ORDER - The Petition herein is STAYED pending the outcome of Petitioner's presently pending appeal. Petitioner shall keep this Court currently advised of the status of those proceedings. Signed by Magistrate Judge Michael R. Merz on 3/18/2016. (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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Filing
21
ORDER adopting Report and Recommendation re 18 Report and Recommendations denying without prejudice 11 Motion to Dismiss. Signed by Judge Michael R. Barrett on 3/2/16. (ba)(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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