Collins v. Shewalter
| Larry Collins |
| Warden Shewalter |
| 1:2009cv02427 |
| October 19, 2009 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| James S. Gallas |
| Patricia A. Gaughan |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
27
Memorandum Opinion and Order: For the reasons set forth herein and for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Petition for Writ of Habeas Corpus is DISMISSED as procedurally defaulted as to grounds seven, eight, and nine, partially procedurally defaulted as to ground two, not cognizable on habeas review as to ground ten, and without merit as to the remaining grounds. Petitioner's Motion for Appointment of Counsel is DENIED. Further, th is Court hereby fully incorporates the Report and Recommendation by reference herein. For the reasons stated above and in the Report and Recommendation, this Court finds no basis upon which to issue a certificate of appealablity. Judge Patricia A. Gaughan on 9/9/10. re 24 , 3 . (LC,S)
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Filing
24
Report and Recommendation that the petition for habeas corpus relief under 28 USC 2254 1 should be denied and dismissed. It is further recommended that petitioner's motion for appointment of counsel re 3 be denied. Objections to R&R due by 7/21/2010. Magistrate Judge James S. Gallas on 7/7/2010. (W,G)
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Filing
15
Order: This matter is before the Court upon the Report and Recommendation of Magistrate Judge Gallas (Doc. 12 ). Having found no clear error, the Court agrees with the Report and Recommendation and denies the motion for summary judgment. The Report and Recommendation is accepted. This matter is to proceed on the Petition before Magistrate Judge Gallas. Judge Patricia A. Gaughan on 4/28/10. (LC,S) re 11
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Filing
12
Report and Recommendation on 11 Motion for summary judgment filed by Larry Collins. Petitioner Larry Collins moved for summary judgment on his hasbeas corpus petition due to Respondent's failure to "meet the deadline set by this court or request any other additional time to file its return writ." As Mr. Collins noted, Respondent was, required to file his return by 3/30/2010. Respondent filed his return on 3/30/2010. See Docket #10. Based on the foregoing, Petitioner's motion for summary judgment is moot and it is recommended that it be denied. Objections to R&R due by 4/20/2010. Magistrate Judge James S. Gallas on 4/6/2010. (W,G) Modified text on 4/7/2010 (B,B).
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| Petitioner: Larry Collins | |
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| Respondent: Warden Shewalter | |
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