Campbell v. Jenkins
Petitioner: Alva E Campbell, Jr
Respondent: Charlotte Jenkins
Case Number: 2:2015cv01702
Filed: May 6, 2015
Court: US District Court for the Southern District of Ohio
Office: Columbus Office
County: ROSS
Presiding Judge: Terence P. Kemp
Presiding Judge: Algenon L. Marbley
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Date Filed Document Text
August 16, 2017 Opinion or Order Filing 58 DECISION AND ENTRY OVERRULING PETITIONER ALVA E. CAMPBELL, JR.'S, OBJECTIONS (DOCS. ## 48 , 51 , 55 ) TO UNITED STATES MAGISTRATE JUDGE'S SECOND TRANSFER ORDER AS AMENDED AND SUPPLEMENTED (DOCS. # 46 , 50 , 54 ) ; SUSTAINING WARDEN' ;S RENEWED MOTION TO TRANSFER TO THE SIXTH CIRCUIT AS A SECOND PETITION (DOC. # 39 ); OVERRULING PETITIONER'S MOTION FOR LEAVE TO FILE AN AMENDED PETITION TO ADDRESS NEWLY RIPE CLAIMS UNDER HURST (DOC. # 37 ), AND RENEWED MOTION FOR LEAVE TO FIL E AN AMENDED PETITION (DOC. # 47 ); OVERRULING WITHOUT PREJUDICE PETITIONER'S MOTION FOR AUTHORIZATION TO APPEAR IN ANCILLARY STATE COURT LITIGATION (DOC. # 38 ); TRANSFERRING CASE TO UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 8/16/17. (kma)
March 31, 2017 Opinion or Order Filing 54 SECOND SUPPLEMENTAL MEMORANDUM OPINION - The Magistrate Judge remains persuaded that the Renewed Motion is a second-of-successive habeas application. Signed by Magistrate Judge Michael R. Merz on 3/31/2017. (kpf)
May 10, 2016 Opinion or Order Filing 35 ORDER DENYING MOTION TO TRANSFER WITHOUT PREJUDICE - The Warden's Motion to Transfer (ECF No. 30) is DENIED without prejudice to its renewal not later than thirty days after the mandate issues in Adams II. Signed by Magistrate Judge Michael R. Merz on 5/10/2016. (kpf)
March 15, 2016 Opinion or Order Filing 28 ORDER WITHDRAWING PRIOR DECISION - This capital habeas corpus case is before the Magistrate Judge on recommittal from District Judge Rice (ECF No. 27) to require the Magistrate Judge to reconsider his Decision and Order transferring this case to the Court of Appeals (ECF No. 22). In light of the decision in Adams v. Bradshaw, ___ F.3d ___, 2016 U.S. App. LEXIS 4678 (6th Cir. Mar. 15, 2016), the Decision and Order is WITHDRAWN. Petitioner is granted leave to file a supplemental memorandum arguin g the impact of Adams on the issues dealt with in the Decision and Order not later than March 29, 2016. The Warden may respond to Petitioners supplemental memorandum not later than fourteen days after it is filed. Signed by Magistrate Judge Michael R. Merz on 3/15/2016. (kpf)
February 24, 2016 Opinion or Order Filing 24 SCHEDULING ORDER - The Sixth Circuit having declined to exercise jurisdiction over the transferred matter, it is hereby ORDERED that this case be reopened on the docket of this Court. Petitioner's stated reason for moving for dismissal in the Sixth Circuit was his desire to "appeal to the District Court from the Magistrate Judge's Decision and Order... as permitted by 28 U.S.C. § 636(b)(1)(A) and Fed. R. Civ. P. 72(a)." (Motion to Dismiss, page 2.) Now that jurisdiction has been returned to this Court, it is hereby ORDERED that any party wishing to appeal from the Magistrate Judge's Decision and Order do so not later than March 11, 2016. Signed by Magistrate Judge Michael R. Merz on 2/24/2016. (kpf)
January 20, 2016 Opinion or Order Filing 22 DECISION AND ORDER - This case is accordingly ordered TRANSFERRED to the Sixth Circuit Court of Appeals for a determination of whether it can proceed. Signed by Magistrate Judge Michael R. Merz on 1/20/2016. (kpf)
September 21, 2015 Opinion or Order Filing 16 DECISION AND ORDER - Based on the reasoning in those decisions, Campbell's Motion for Leave to Amend is DENIED without prejudice to its renewal not later than October 13, 2015. If Campbell does move again to amend, he must state plainly how t he claims he wishes to plead here differ from those claims he has pled in In re Ohio Lethal Injection Protocol Litig., Case No. 2:11-cv-1016. In addition, this is Campbell's second in time habeas corpus petition directed to his capital convictio n and death sentence. The first petition was dismissed with prejudice and that judgment was affirmed on appeal. Campbell v. Bradshaw, 674 F.3d 578 (3/21/2012); cert deniedsub nom Campbell v. Robinson, 133 S. Ct. 527 (2012). If Campbell moves to amend further, hemust state his position as to why this is not a second or successive habeas petition on which thisCourt is without jurisdiction absent prior permission from the circuit court of appeals. Signed by Magistrate Judge Michael R. Merz on 9/21/2015. (kpf)
September 4, 2015 Opinion or Order Filing 15 ORDER granting 6 Motion to Reassign Case. The Clerk is DIRECTED to transfer this action to the Western Division of this court for assignment to the dockets of the Honorable Walter H. Rice and Magistrate Judge Michael Merz. Signed by Judge Algenon L. Marbley on 09/4/2015. (cw)
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Petitioner: Alva E Campbell, Jr
Represented By: David C. Stebbins
Represented By: Justin C Thompson
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Respondent: Charlotte Jenkins
Represented By: Thomas E Madden
Represented By: Stephen E. Maher
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