Bolling v. Morgan

Petitioner: Anthony K. Bolling
Respondent: Donald Morgan
Case Number: 3:2013cv00116
Filed: April 17, 2013
Court: Ohio Southern District Court
Office: Dayton Office
County: MONTGOMERY
Referring Judge: Michael R Merz
Presiding Judge: Walter H Rice
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
August 2, 2013 11 Opinion or Order of the Court SUPPLEMENTAL REPORT AND RECOMMENDATIONS - re 6 - Petitioner's Objections are without merit and it is again respectfully recommended that the Petition be dismissed with prejudice as time-barred. Because reasonable jurists would notdisagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 8/19/2013. Signed by Magistrate Judge Michael R Merz on 8/2/13. (kje1)
August 22, 2013 13 Opinion or Order of the Court DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 6 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 11 ) IN THEIR ENTIRETY; OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. ## 7 , 12 ); S USTAINING RESPONDENT'S MOTION TO DISMISS (DOC. # 5 ); DISMISSING PETITION FOR WRIT OF HABEAS CORPUS (DOC. # 1 ) WITH PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; CERTIFICATE OF APPEALABILITY AND ANTICIPATED MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY. Signed by Judge Walter H Rice on 08/22/13. (pb1)
August 22, 2013 14 Opinion or Order of the Court CLERKS JUDGMENT with Attached Notice of Disposal. Signed on 08/22/13. (pb1)
April 22, 2014 16 Opinion or Order of the Court REPORT AND RECOMMENDATIONS - Bolling has failed to demonstrate that extraordinary circumstances require reopening this Court's final judgment. His Motion for Relief from Judgment should therefore be DENIED. Because reasonable jurists would not d isagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 5/9/2014. Signed by Magistrate Judge Michael R Merz on 4/22/2014. (kpf1)
May 14, 2014 18 Opinion or Order of the Court DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 16 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. # 17 ); OVERRULING PETITIONER'S MOTION FOR RELIEF FROM JUDGMENT OR ORDER (DOC. # 15 ); JUDGMENT TO BE ENTERED ACCORDINGLY; CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS DENIED; CASE TO REMAIN TERMINATED. Signed by Judge Walter H Rice on 05/14/14. (pb1)
July 2, 2013 6 Opinion or Order of the Court REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition be dismissed with prejudice as time-barred under 28 U.S.C. § 2244. Objections to R&R due by 7/19/2013. Signed by Magistrate Judge Michael R Merz on 7/2/2013. (kpf1)
July 19, 2013 8 Opinion or Order of the Court RECOMMITTAL ORDER - This matter is hereby returned to the Magistrate Judge with Instructions to file a supplemental report analyzing the Objections and Respnse and making recommendations based on that analysis. Signed by Judge Walter H Rice on 7/19/13. (kje1)
July 23, 2013 9 Opinion or Order of the Court ORDER TO PETITIONER TO AMEND OBJECTIONS AND FILE INDEX. Signed by Magistrate Judge Michael R Merz on 7/23/2013. (kpf1)

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Petitioner: Anthony K. Bolling
Represented By: George Andrew Katchmer, Jr
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Respondent: Donald Morgan
Represented By: M Scott Criss
Represented By: Gene D Park
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