Cutts v. Smith
Petitioner: Bobby Lee Cutts, Jr.
Respondent: Keith Smith
Case Number: 5:2011cv00991
Filed: May 17, 2011
Court: US District Court for the Northern District of Ohio
Presiding Judge: James S Gwin
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 6, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2016 Filing 32 Appeal Order from US Supreme Court: Denying the petition for a writ of certiorari re #31 (No. 15-8706) (H,SP)
March 31, 2016 Filing 31 Appeal Remark from US Supreme Court: The petition for a writ of certiorari was filed on 3/23/16 and placed on the docket 3/25/16 as No. 15-8706 (H,SP)
December 2, 2015 Filing 30 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's decision re #24 Notice of Appeal (USCA# 14-3516). Date issued as mandate 12/1/15, Costs: None (H,SP)
February 27, 2015 Filing 28 Appeal Order from USCA for the Sixth Circuit: Granting the appellant's motion to reinstate the appeal re #24 (USCA# 14-3516). Date issued by USCA 2/26/15 (H,SP)
February 4, 2015 Filing 27 True copy of Order from the USCA for the Sixth Circuit: Dismissing the appeal for want of prosecution re #24 . The Appellant's brief was not filed by 1/20/15 (USCA# 14-3516). Date issued by USCA 2/4/15 (H,SP)
June 27, 2014 Filing 26 Transcript Request by Bobby Lee Cutts, Jr re #24 Notice of Appeal,. Transcript is unnecessary, there were no hearings. (Watson, Myron)
June 3, 2014 Filing 25 Acknowledgment from the USCA for Sixth Circuit of receipt of #24 Notice of Appeal (USCA# 14-3516). Date filed in USCA 5/30/14. (H,SP)
May 23, 2014 Filing 24 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #22 Opinion and Order and #23 Judgment of 4/23/14, filed by Bobby Lee Cutts, Jr. (Filing fee of $505 paid, receipt number 0647-6559663). (Watson, Myron) Modified text on 5/27/2014 (H,SP).
April 23, 2014 Filing 23 Judgment signed by Judge James S. Gwin on 4/23/14. The Court, having issued its Opinion and Order, overrules petitioner's objections, adopts the Report and Recommendation of the Magistrate Judge and dismisses the petition with prejudice. The Court certifies that an appeal from this decision on petitioner's Ground Three could be taken in good faith and issues a certificate of appealability on that ground. As to all other grounds for relief, an appeal could not be taken in good faith and the Court does not issue a certificate of appealability for those grounds. This action is terminated under Federal Rule of Civil Procedure 58. (Related Doc. #22 ) (M,G)
April 23, 2014 Opinion or Order Filing 22 Opinion and Order signed by Judge James S. Gwin on 4/23/14. The Court adopts the Report and Recommendation of the Magistrate Judge and denies the petition for writ of habeas corpus filed by Petitioner Bobby Cutts, Jr. (Related Docs. #1 , #13 , #21 ) (M,G)
July 1, 2013 Filing 21 Objection to Report and Recommendation filed by Bobby Lee Cutts, Jr. Related document(s) #13 . (Watson, Myron)
June 17, 2013 Opinion or Order Filing 19 Marginal Entry Order signed by Judge James S. Gwin on 6/17/13. The Court grants petitioner's motion to set aside Opinion and Order and Judgment entered 5/17/13 and request for leave to file objections to the Report and Recommendation of the Magistrate Judge. Objections shall be filed by 7/1/13. (Related Docs. #14 , #15 , #16 ) (M,G)
May 21, 2013 Filing 18 Reply to response to #16 Motion for leave to file and Motion to set aside judgment, filed by Bobby Lee Cutts, Jr. (Attachments: #1 Affidavits of Fernando Mack and Myron Watson) (Watson, Myron). Modified text on 5/22/2013 (H,SP).
May 21, 2013 Filing 17 Response to #16 Motion set aside judgment and Motion for leave to file, filed by Keith Smith (Price, Thelma). Modified text on 5/22/2013 (H,SP).
May 20, 2013 Filing 16 Motion to set aside Opinion and Order entered May 17, 2013, and Motion for leave to file Objections to the Magistrate Report and Recommendation, filed by Petitioner Bobby Lee Cutts, Jr. Response due 5/21/2013. (Related document(s) #14 , #13 , #15 ). (Attachments: #1 Exhibit, Attorneys' Email Transmission)(Watson, Myron). Added Motion to set aside judgment on 5/21/2013 (H,SP). Modified text on 5/21/2013, NEF regenerated (H,SP).
May 17, 2013 Filing 15 JUDGMENT SET ASIDE; (SEE DOC. #19 ). Judgment Entry signed by Judge James S. Gwin on 5/17/13. The Court has issued its #14 Opinion and Order in the above-captioned matter. For the reasons stated in that opinion, the Court adopts the #13 Magistrate Judge's Report and Recommendation and denies Petitioner Cutts's #1 petition. Accordingly, this action is terminated under Federal Rule of Civil Procedure 58.(S,HR) Modified text on 6/17/2013. (M,G)
May 17, 2013 Opinion or Order Filing 14 OPINION AND ORDER SET ASIDE; (SEE DOC. #19 ). Opinion and Order adopting the Report and Recommendation of the Magistrate Judge signed by Judge James S. Gwin on 5/17/13. The Court adopts the #13 Report and Recommendation, and denies Cutts's #1 Petition for a writ of habeas corpus. Further, the Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith, and no basis exists upon which to issue a certificate of appealability (S,HR). Modified text on 6/17/2013. (M,G)
May 2, 2013 Filing 13 Report and Recommendation that Bobby Lee Cutts, Jr.'s grounds for relief are procedurally defaulted, moot, and/or without merit. Accordingly, it is recommended that Cutts's Petition for writ of habeas corpus (Doc. #1 ) be DENIED. Objections to R&R due by 5/16/2013. Magistrate Judge Kathleen B. Burke on 5/2/2013. (D,I)
November 18, 2011 Filing 12 Traverse to Return of Writ filed by Bobby Lee Cutts, Jr. Related document(s) #8 , #9 . (Watson, Myron)
October 18, 2011 Opinion or Order Order [non-document]granting #11 Petitioner's Second Motion for Extension of Time until 11/18/11 to File Traverse. No further extensions will be granted. Magistrate Judge Kathleen B. Burke on 10/18/2011. (D,I)
October 14, 2011 Filing 11 Second Motion for extension of time until 11/21/11 to File Traverse filed by Petitioner Bobby Lee Cutts, Jr. (Watson, Myron) Modified on 10/17/2011 (M,TL).
September 20, 2011 Opinion or Order Order [non-document] granting #10 Petitioner's Motion for Extension of Time until 10/19/2011 to file Traverse. Magistrate Judge Kathleen B. Burke on 9/20/2011.(B,IE)
September 16, 2011 Filing 10 Motion for extension of time until 10/19/2011 to file Traverse filed by Petitioner Bobby Lee Cutts, Jr. Related document(s) #8 , #9 . (Watson, Myron)
September 8, 2011 Filing 9 Notice of Filing Exhibits filed by Keith Smith. (Attachments: #1 Appendix State Court Record, #2 Exhibit 1 Indictment, #3 Exhibit 2 Defendants Motion in Limine to Prohibit the Victim-Impact Evidence, #4 Exhibit 3 Defendants Motion in Limine to Prohibit the Prejudicial Display of Tangible Things During Trial, #5 Exhibit 4 Defendants Motion for Individual Sequested Voir Dire on Death Penalty Publicity and Other Issues, #6 Exhibit 5 Defendants Motion to Exclude Any Evidence Relating to Other Crimes, #7 Exhibit 6 Defendants Motion for Special Procedures to Insulate the Venire and the Empanelled Jury, #8 Exhibit 7 Defendants Authority for Defendants Requested Jury Instructions Culpability Phase, #9 Exhibit 8 States Response to Defendants Motion in Limine, #10 Exhibit 9 States Response to Defendants Motion for Individual Sequested Voir Dire, #11 Exhibit 10 States Response to Defendants Motion to Exclude any Evidence Relating to Other Crimes, #12 Exhibit 11 States Response to Defendants Motion for Special Procedures to Insulate the Venire, #13Exhibit 12 States Response to Defendants Motion in Limine, #14 Exhibit 13 Judgment Entry Denying Defendants Motion in Limine to Prohibit the Victim-Impact Evidence, #15 Exhibit 14 Judgment Entry, #16 Exhibit 15 Judgment Entry, #17 Exhibit 16 Judgment Entry, #18 Exhibit 17 Judgment Entry, #19 Exhibit 18 Judgment Entry, #20 Exhibit 19 Defendants Renewed Motion to Reduce Bias in the Annual Jury List, #21 Exhibit 20 States Response to Defendants Renewed Motion, #22 Exhibit 21 Judgment Entry, #23 Exhibit 22 Motion to Dismiss, #24 Exhibit 23 Motion in Limine and to Quash the Use of Opinion Testimony, #25 Exhibit 24 Defendants Request for Order for Relief, #26 Exhibit 25 Defendants Proposed Additions to the Pre-Publicity Jury Questionnaire, #27 Exhibit 26 Response to Motion to Dismiss, #28 Exhibit 27 States Response to Defendants Request for Order for Relief, #29 Exhibit 28 States Response to Defendants Proposed Additions to the Pre-Publicity Jury Questionnaire, #30 Exhibit 29 Judgment Entry, #31 Exhibit 30 Judgment Entry, #32 Exhibit 31 Judgment Entry, #33 Exhibit 32 States Defense to Defendants Motion in Limine to Quash the Use of Opinion Testimony, #34 Exhibit 33 Judgment Entry, #35 Exhibit 34 Order Sealing Pretrial Publicity and Death Penalty Questionnaires, #36 Exhibit 35 Motion to Dismiss, #37 Exhibit 36 States Defense to Defendants Motion to Dismiss, #38 Exhibit 37 Judgment Entry, #39 Exhibit 38 Motion to Change Venue, #40 Exhibit 39 Judgment Entry, #41 Exhibit 40 Motion in Limine, #42 Exhibit 41 States Defense to Defendants Motion in Limine, #43 Exhibit 42 Judgment Entry, #44 Exhibit 43 Judgment Entry, #45 Exhibit 44 Judgment Entry, #46 Exhibit 45 Verdict, #47 Exhibit 46 Verdict, #48 Exhibit 47 Journal Entry, #49 Exhibit 48 Judgment Entry, #50 Exhibit 49 Notice of Appeal, #51 Exhibit 50 Brief of Appellant, #52 Exhibit 51 Brief of Plaintiff-Appellee, #53 Exhibit 52 Opinion, #54 Exhibit 53 Notice of Appeal of Appellant, #55 Exhibit 54 Memorandum in Support of Jurisdiction of Appellant, #56 Exhibit 55 Memorandum in Support of Jurisdiction of Appellant, #57 Exhibit 56 Entry, #58 Exhibit 57 Proceedings and Orders, #59 Exhibit 58-1 Transcript of Hearing 11-16-07, #60 Exhibit 58-2 Transcript of Hearing 12-18-07, #61 Exhibit 58-3 Transcript of Motion Hearing 1-30-08, #62 Exhibit 58-4 Transcript of Motion Hearing 2-1-08, #63 Exhibit 59 - Vol. I, #64 Exhibit 59 - Vol. II, #65 Exhibit 59 - Vol. III, #66 Exhibit 59 - Vol. IV, #67 Exhibit 59 - Vol. V, #68 Exhibit 59 - Vol. VI, #69 Exhibit 59 - Vol. VII, #70 Exhibit 59 - Vol. VIII, #71 Exhibit 59 - Vol IX)Related document #8 .(Price, Thelma) Modified description of attachments on 9/9/2011 (M,TL).
September 7, 2011 Filing 8 Return of Writ to Petitioner's #1 Petition for Writ of Habeas Corpus (2254) filed by Keith Smith. (Price, Thelma) Modified text on 9/8/2011 (M,TL).
September 6, 2011 Opinion or Order Pursuant to General Order 2011-18 signed by Chief Judge Solomon Oliver, Jr. on 8/24/11 this case is hereby referred to Magistrate Judge Kathleen B. Burke and the referral to Magistrate Judge William H. Baughman, Jr. is hereby terminated (C,BA)
September 6, 2011 Motions Referred: to Magistrate Judge Kathleen B. Burke #7 Motion for extension of time until 09/07/2011 to answer Petition Related document(s) #7 . (C,BA)
September 6, 2011 Opinion or Order Order [non-document] granting #7 Respondent's Motion for Extension of Time until 9/07/2011 to answer Petition. Respondent Keith Smith's answer due 9/6/2011. Approved by Magistrate Judge Kathleen B. Burke on 9/6/2011.(B,IE)
September 2, 2011 Filing 7 Motion for extension of time until 09/07/2011 to answer Petition filed by Respondent Keith Smith. Related document(s) #1 . (Price, Thelma)
August 26, 2011 Filing 6 Motion for extension of time until 09/02/2011 to answer Petition filed by Respondent Keith Smith. Related document(s) #1 . (Price, Thelma)
August 26, 2011 Opinion or Order Order [non-document] granting respondent's motion for extension of time within which to file answer/return of writ (Related Doc #6 , #4 ); therefore, Keith Smith's answer is now due 9/2/2011. Entered on behalf of Magistrate Judge William H. Baughman, Jr. on 8/26/2011. (S,G)
June 20, 2011 Opinion or Order Order [non-document] granting respondent's Motion for Extension of Time to Answer Petition (Related Doc #5 , #4 ). Respondent's answer due 8/26/2011. Entered on behalf of Magistrate Judge William H. Baughman, Jr. on 6/20/2011. (S,G)
June 17, 2011 Filing 5 Motion for extension of time until 08/26/2011 to answer Petition filed by Respondent Keith Smith. Related document(s) #1 . (Price, Thelma)
May 25, 2011 Opinion or Order Filing 4 Order to Show Cause: The Attorney General must, within 23 days of the filing of this order, file an answer/return of writ (Related Doc #3 , #1 ). Signed by Magistrate Judge William H. Baughman, Jr. on 5/25/2011. (S,G)
May 25, 2011 Opinion or Order Filing 3 Order signed by Judge James S. Gwin on 5/25/11 referring this case to Magistrate Judge William H. Baughman, Jr., for preparation of a Report and Recommendation. (Related Doc. #1 ) (M,G)
May 25, 2011 Copy of Order of Referral mailed to Warden Keith Smith at Toledo Correctional, 2001 East Central Ave., Toledo, Ohio 43608 on 5/25/11. (Related Doc. #3 ) (M,G)
May 18, 2011 Filing 2 Administrative Track DCM Initial Order. Chief Judge Solomon Oliver, Jr. (C,BA)
May 18, 2011 Judge James S. Gwin assigned to case. (C,BA)
May 18, 2011 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Baughman. (C,BA)
May 17, 2011 Filing 1 Petition under 28 USC 2254 for Writ of Habeas Corpus by a person in state custody Filing fee $ 5, receipt number 0647-4712040. Filed by Bobby Lee Cutts. (Attachments: #1 Affidavit of Petitioner, Bobby Lee Cutts, Jr., #2 Civil Cover Sheet) (Watson, Myron)

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Petitioner: Bobby Lee Cutts, Jr.
Represented By: Fernando O. Mack
Represented By: Myron P. Watson
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Respondent: Keith Smith
Represented By: Thelma Thomas Price
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