Simons v. Warden, Madison Correctional Institute
| Carl R Simons |
| Warden, Madison Correctional Institute |
| 3:2014cv00275 |
| August 18, 2014 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| CHAMPAIGN |
| Michael R Merz |
| Thomas M Rose |
| 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
25
ORDER ADOPTING REPORT AND RECOMMENDATIONS - Simons's Objections [15, 20, 24] are not well taken and are hereby OVERRULED, the Court ADOPTS the Report and Recommendations 13 , Supplemental Report and Recommendations 17 , and Second Supplemental Report and Recommendations 22 in their entirety, and rules as follows: The Court DISMISSES WITH PREJUDICE the Petition for Habeas CorpusRelief under 28 U.S.C. § 2254 1 ; because reasonable jurists would not disagree with the Court's co nclusion, Simons is DENIED a certificate of appealability; and the Court CERTIFIES to the Sixth Circuit Court of Appeals that any appeal would be objectively frivolous and therefore Simons should not be permitted to proceed in forma pauperis. Signed by Judge Thomas M. Rose on 10-16-2015. (de)(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
22
SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reviewed the case in light of the Objections, the Magistrate Judge again respectfully recommends that the Petition be dismissed with prejudice. Because reasonablejurists 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 and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 9/8/2015. Signed by Magistrate Judge Michael R. Merz on 8/19/2015. (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
13
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition herein be dismissed. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should cer tify 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 6/12/2015. Signed by Magistrate Judge Michael R. Merz on 5/26/2015. (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
7
ORDER REGARDING COMPOSITION OF THE RECORD. Signed by Magistrate Judge Michael R Merz on 8/28/2014. (kpf1)
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Filing
4
ORDER FOR ANSWER - It is hereby ORDERED that Respondent shall, not later than October 1, 2014, file an answer conforming to the requirements of Rule 5 of the Rules Governing 2254 Cases. Petitioner may, not later than twenty-one days after the answer is filed, file and serve a reply to the answer. Signed by Magistrate Judge Michael R Merz on 8/19/2014. (kpf1)
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| Petitioner: Carl R Simons | |
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| Respondent: Warden, Madison Correctional Institute | |
| Represented By: | William H Lamb |
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