Banks v. Warden, Chillicothe Correctional Institution
Petitioner: David E Banks
Respondent: Warden, Chillicothe Correctional Institution
Case Number: 3:2014cv00393
Filed: November 18, 2014
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Michael R Merz
Presiding Judge: Thomas M Rose
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 8, 2015 Opinion or Order Filing 11 CLERK'S JUDGMENT WITH NOTICE OF DISPOSAL ATTACHED. Signed on 1/8/15. (ep)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 9, 2014 Opinion or Order Filing 9 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that the Petition herein be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appe alability 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 12/26/2014. Signed by Magistrate Judge Michael R Merz on 12/9/2014. (kpf1)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 4, 2014 Opinion or Order Filing 8 RECOMMITTAL ORDER - This case is before the Court on Petitioner's Objections 7 to the Magistrate Judge's Report and Recommendations 6 . The District Judge has preliminarily considered the Objections and believes they will be more approp riately resolved after further analysis by the Magistrate Judge, as requested by Petitioner. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report an alyzing the Objections and making recommendations based on that analysis. Signed by Judge Thomas M Rose on 12-4-2014. (de)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 20, 2014 Opinion or Order Filing 6 REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court sh ould 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 12/8/2014. Signed by Magistrate Judge Michael R Merz on 11/20/2014. (kpf1)
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Respondent: Warden, Chillicothe Correctional Institution
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Petitioner: David E Banks
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