White v. Warden, Madison Correctional Institution
| Gregory G White |
| Warden, Madison Correctional Institution |
| 3:2015cv00092 |
| March 9, 2015 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| CLARK |
| Michael R Merz |
| Thomas M Rose |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
20
ORDER ADOPTING REPORT AND RECOMMENDATIONS -The Court adopts Report and Recommendations 12 , Report and Recommendations 14 and Supplemental Report and Recommendations 18 . Accordingly, the Court rules: The Court has jurisdiction over this matter , as White's petition does not constitute a second or successive habeas corpus petition barred by 28 U.S.C. Section 2244; the Court DENIES White's Motion for Summary Judgment [Doc. 13], the Court DISMISSES WITH PREJUDICE Whites petition for habeas corpus relief 1 , White is denied a certificate of appealability, the Court CERTIFIES to the Sixth Circuit that any appeal would be objectively frivolous and therefore White should not be permitted to proceed in forma pauperis; and the Clerk is ORDERED to terminate this case on the docket of this Court. Signed by Judge Thomas M. Rose on 10-1-2015. (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
18
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of White's Objections, the Magistrate Judge again respectfully recommends the Petition be dismissed with prejudice. Because reasonable jurists would not disagree wit h 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 8/21/2015. (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
14
REPORT AND RECOMMENDATIONS ON PETITIONER'S MOTION FOR SUMMARY JUDGMENT - It is respectfully recommended that Petitioner's Motion for Summary Judgment (ECF No. 13) be DENIED. Objections to R&R due by 8/10/2015. Signed by Magistrate Judge Michael R. Merz on 7/22/2015. (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
12
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the court exercise jurisdiction over this case, concluding that such exercise is not barred by 28 U.S.C. § 2244(b). It is further recommended that the Petition be dismissed with pr ejudice. 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 and therefore sho uld not be permitted to proceed in forma pauperis. Objections to R&R due by 8/7/2015. Signed by Magistrate Judge Michael R. Merz on 7/21/2015. (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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| Petitioner: Gregory G White | |
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| Respondent: Warden, Madison Correctional Institution | |
| Represented By: | M Scott Criss |
| Represented By: | Hilda Rosenberg |
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