Champion v. Warden, London Correctional Institution

Respondent: Warden, London Correctional Institution
Petitioner: Bruce R Champion
 
Case Number: 3:2013cv00315
Filed: September 20, 2013
 
Court: Ohio Southern District Court
Office: Dayton Office
County: MONTGOMERY
Referring Judge: Michael R Merz
Presiding Judge: Thomas M Rose
 
Nature of Suit: General
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
February 12, 2014 12 Opinion or Order of the Court ENTRY AND ORDER OVERRULING CHAMPION'S OBJECTIONS (Doc.#4) TO THE MAGISTRATE JUDGE'S REPORT ANDRECOMMENDATIONS; OVERRULING CHAMPION'S OBJECTIONS TO THE MAGISTRATE JUDGE'S DECISION AND ORDER; ADOPTING THE MAGISTRATE JUDGE'S REP ORT AND RECOMMENDATIONS AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (Docs. 2 and 7 ) IN THEIR ENTIRETY; DISMISSING CHAMPION'S PETITION FOR A WRIT OF HABEAS CORPUS WITH PREJUDICE; DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY; CERTIFYING THAT ANY APPEAL OF EITHER THE REPORT AND RECOMMENDATION, THE SUPPLEMENTAL REPORT AND RECOMMENDATION OR THE DECISION AND ORDER WOULD BEOBJECTIVELY FRIVOLOUS; AND TERMINATING THIS CASE. Signed by Judge Thomas M Rose on 2/11/14. (ep) Modified text for clarity on 2/12/2014 (tt).
February 12, 2014 13 Opinion or Order of the Court CLERK'S JUDGMENT WITH NOTICE OF DISPOSAL ATTACHED. Signed on 2/12/14. (ep)
February 27, 2014 18 Opinion or Order of the Court ENTRY AND ORDER OVERRULING CHAMPION'S MOTION FOR RELIEF FROM JUDGMENT (Doc. 14 ). Champion has not shown good cause to reopen the judgment in this case. His Motion for Relief from Judgment (doc. 14 ) is, therefore, DENIED. Signed by Judge Thomas M Rose on 2/27/14. (ep)
September 23, 2013 2 Opinion or Order of the Court REPORT AND RECOMMENDATIONS - Champion's Amended Petition is untimely by more than eleven years. It should therefore be dismissed with prejudice. Because reasonable jurists would not disagree 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 10/10/2013. Signed by Magistrate Judge Michael R Merz on 9/23/2013. (kpf1)
October 4, 2013 6 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 Response and making recommendations based on that analysis. Signed by Judge Thomas M Rose on 10-4-2013.(de)
October 7, 2013 7 Opinion or Order of the Court SUPPLEMENTAL REPORT AND RECOMMENDATIONS; DECISION AND ORDER DENYING MOTION FOR ABEYANCE - Because Champion has not presented a credible actual innocence claim, it is again respectfully recommended that the Petition be dismissed with prejudice as barr ed by the statute of limitations. Decision of this case will not be stayed pending an Ohio Supreme Court decision on any motion for delayed appeal which Champion may file there. Because reasonable jurists would not disagree with this conclusion, Peti tioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Petitioner's Motion for Abeyance (Doc. No. 5) is DENIED. Objections to R&R due by 10/24/2013. Signed by Magistrate Judge Michael R Merz on 10/7/2013. (kpf1)

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Respondent: Warden, London Correctional Institution
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Petitioner: Bruce R Champion
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