Dukles v. Chuvalas
Petitioner: Marc Dukles
Respondent: Richard Chuvalas
Case Number: 1:2015cv02164
Filed: October 20, 2015
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Medina
Presiding Judge: Christopher A Boyko
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 29, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 29, 2018 Opinion or Order Filing 28 True copy of order from the USCA for the Sixth Circuit: Denying the application for a certificate of appealability re #26 Notice of Appeal. The motion for leave to proceed in forma pauperis is denied as moot (USCA# 17-3953). Date issued by USCA 3/27/18 (H,SP)
September 12, 2017 Opinion or Order Acknowledgment from the USCA for Sixth Circuit of receipt of #26 Notice of Appeal (USCA #17-3953). Date filed in USCA 9/12/2017. (C,KA)
September 7, 2017 Opinion or Order Filing 27 Designation of Record on Appeal by Marc Dukles re #26 Notice of Appeal (H,SP)
September 7, 2017 Opinion or Order Filing 26 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #24 Memorandum of Opinion and #25 Judgment of 8/10/17, filed by Marc Dukles. Filing fee not paid.(Attachments: #1 Memorandum of Opinion, #2 Judgment, #3 IFP Motion - Returned to appellant, with instructions to file in the Circuit Court, #4 Petition for COA - Returned to appellant, with instructions to file in the Circuit Court) (H,SP)
August 10, 2017 Opinion or Order Filing 25 Judgment re #24 . Petitioner's Petition is dismissed and this case is removed from the Courts active docket. The Court finds an appeal from this decision could not be taken in good faith. 28 U.S.C. 1915 (a)(3). Since Dukles has not made a substantial showing of a denial of a Constitutional right directly related to his conviction or custody, the Court declines to issue a certificate of appealability. 28 U.S.C. 2253 (c)(2); Fed. R. App. P. 22(b). Judge Christopher A. Boyko on 8/10/2017. (R,D) Modified on 8/11/2017 (S,HR).
August 10, 2017 Opinion or Order Filing 24 Memorandum of Opinion and Order adopting Report and Recommendation re #22 dismissing #4 Petition for Writ of Habeas Corpus (2254). Judge Christopher A. Boyko on 8/10/2017. (R,D) Modified on 8/11/2017 (S,HR).
August 10, 2017 Opinion or Order Copy of #24 Memorandum Opinion and Order, Order Adopting Report and Recommendation, #25 Order Dismissing Case, mailed to Marc Dukles at Warren Correctional Institution, P.O. Box 120, 5787 State Route 63, Lebanon, OH 45036 on 8/10/2017. Related document(s) #24 , #25 . (R,D)
July 20, 2017 Opinion or Order Filing 23 Objection to Report and Recommendation filed by Marc Dukles. Related document(s) #22 . (W,CM)
July 5, 2017 Opinion or Order Filing 22 Report and Recommendation that the court DISMISS Dukles' #4 Petition for Writ of Habeas Corpus in its entirety. Objections to Report & Recommendation due by 7/19/2017. Magistrate Judge Thomas M. Parker on 7/5/2017. (O,K)
July 5, 2017 Opinion or Order Copy of #22 Report and Recommendation mailed to Marc Dukles #A633241 at Warren Correctional Institution, P.O. Box 120, 5787 State Route 63, Lebanon, OH 45036 on 7/5/2017. (O,K)
November 18, 2016 Opinion or Order Filing 21 Order denying Petitioner's #15 Motion to strike Respondent's Answer/Return of Writ and #20 Motion to strike and proceed to Magistrate's Recommendation and objection to Respondent's Reply to Traverse. However, the briefing on Dukles' Petition is now complete and the Petition is ready for the court's review. Magistrate Judge Thomas M. Parker on 11/18/2016.(O,K)
November 18, 2016 Opinion or Order Copy of #21 Order on Motion to strike mailed to Marc Dukles #A633241 at Warren Correctional Institution, P.O. Box 120, 5787 State Route 63, Lebanon, OH 45036 on 11/18/2016. (O,K)
June 13, 2016 Opinion or Order Filing 20 Motion to strike and proceed to Magistrate's Recommendation and Objection to Respondent's Reply to Traverse filed by Petitioner Marc Dukles. Related document(s) #18 . (W,CM). Modified text 6/15/2016 (C,KA).
June 7, 2016 Opinion or Order Filing 19 Order Petitioner's #14 Motion for Extension of Time is now moot and shall be deemed to have been granted. Magistrate Judge Thomas M. Parker on 6/7/2016.(O,K)
June 7, 2016 Opinion or Order Copy of #19 Order on Motion for extension of time mailed to Marc Dukles #A633241 at Warren Correctional Institution, P.O. Box 120, 5787 State Route 63 Lebanon, OH 45036 on 6/7/2016. (O,K)
June 2, 2016 Opinion or Order Filing 18 Reply to traverse filed by Richard Chuvalas. Related document(s) #17 . (Lamb, William)
May 27, 2016 Opinion or Order Filing 17 Traverse to Return of Writ filed by Marc Dukles. Related document(s) #11 . (Attachments: #1 Exhibit A - Nunc Pro Tunc Judgment Entry, #2 Exhibit B - Motion for jail time credit, #3 Exhibit C - Request, #4 Exhibit D - Docket Entries, #5 Exhibit E - Motion for correction of clerical mistake, #6 Exhibit) F - Journal entry (E,P)
May 18, 2016 Opinion or Order Filing 16 Notice of Filing Transcripts filed by Richard Chuvalas. (Attachments: #1 Volume(s) Transcript of Proceedings Vol. I, #2 Volume(s) Transcript of Proceedings Vol. II, #3 Volume(s) Transcript of Proceedings Vol. III)(Lamb, William)
May 16, 2016 Opinion or Order Filing 15 Motion to strike respondent's answer/return of writ and to proceed to judgment on the pleadings filed by Petitioner Marc Dukles. Related document(s) #11 . (E,P)
March 31, 2016 Opinion or Order Filing 14 Motion for extension of time to file response to Return of Writ (motion) filed on behalf of plaintiff . (E,P) Modified text on 4/1/2016 (E,P). Modified event and text on 4/5/2016 (S,HR).
March 31, 2016 Opinion or Order Filing 13 Objection to incomplete Answer/Traverse to Return of Writ filed by Marc Dukles. Related document(s) #11 . (E,P)
March 30, 2016 Opinion or Order Copy of non-document entry regarding the magistrate judge dated 3/29/2016 mailed to Marc Dukles, 633241, at Warren Correctional Institution, 5787 State Route 63, Lebanon, OH 45036 on 3/30/2016. (S,He)
March 30, 2016 Opinion or Order Pursuant to General Order 2016-3, the reference of cases that had been referred to Magistrate Judge Greg A. White, whose retirement was effective on 2/29/2016, are hereby withdrawn and are referred to Magistrate Judge Thomas M. Parker. (M,TL)
March 16, 2016 Opinion or Order Filing 12 Address Change Notice filed by Marc Dukles. (W,CM)
March 3, 2016 Opinion or Order Filing 11 Return of Writ (2254) #4 Petition for Writ of Habeas Corpus (2254) filed by Richard Chuvalas. (Attachments: #1 Exhibit 1-29)(Lamb, William)
February 18, 2016 Opinion or Order Order [non-document] granting respondent's #10 Motion for extension of time until March 17, 2016, to file an answer to petition for writ of habeas corpus. Barring extraordinary circumstances, no further extensions will be granted. Magistrate Judge Greg White on 2/18/2016. (S,S)
February 18, 2016 Opinion or Order Copy of NEF of non-document Order on Motion for extension of time mailed to petitioner at Correctional Reception Center, P.O. Box 300, 11271 State Route 762, Orient, OH 43146 on 2/18/2016. (S,S)
February 12, 2016 Opinion or Order Filing 10 Second Motion for extension of time until March 17, 2016, to file an answer to #4 petition for writ of habeas corpus filed by Respondent Richard Chuvalas. (Lamb, William) Added link on 2/16/2016 (P,G).
November 13, 2015 Opinion or Order Order [non-document] granting respondent's #9 Motion for extension of time until February 16, 2016, to file an answer to petition for writ of habeas corpus. Magistrate Judge Greg White on 11/13/2015. (S,S)
November 13, 2015 Opinion or Order Copy of NEF of non-document Order on Motion for extension of time mailed to petitioner at Correctional Reception Center on 11/13/2015. (S,S)
November 9, 2015 Opinion or Order Filing 9 Motion for extension of time until February 16, 2016, to file an answer to petition for writ of habeas corpus filed by Respondent Richard Chuvalas. (Lamb, William)
November 5, 2015 Opinion or Order Filing 8 Magistrate Judge's Initial Order. Respondent shall file an answer to the petition within 45 days from the date of this order; petitioner shall have 30 days from the filing of respondent's answer to respond; respondent shall have 15 days from the filing of petitioner's reply brief to respond. Signed by Magistrate Judge Greg White on 11/5/2015. (Issued by ordinary mail to Petitioner and Respondent, with copy of petition for writ of habeas corpus to Respondent, and via email to Brian Higgins, Office of Ohio Attorney General, on 11/5/2015.) (S,S)
November 5, 2015 Opinion or Order Filing 7 Order granting petitioner's Motion to proceed in forma pauperis (Related Doc #1 ). Signed by Magistrate Judge Greg White on 11/5/2015. (S,S)
November 5, 2015 Opinion or Order Copy of #8 Magistrate Judge's Initial Order, #7 Order on Motion to proceed in forma pauperis mailed to petitioner at Correctional Reception Center on 11/5/2015. (S,S)
November 3, 2015 Opinion or Order Filing 6 Order referring case to Magistrate Judge Greg White for report and recommendation as to petition for writ of habeas corpus #4 and pursuant to Local Rule 72.2. Judge Christopher A. Boyko on 11/3/2015. (H,CM)
November 3, 2015 Opinion or Order Copy of #6 Order of Referral mailed to Marc Dukles, # A633-241 at Correctional Reception Center, P.O. Box 300, Orient, OH 43146 on 11/3/2015. Related document(s) #6 . (H,CM)
October 20, 2015 Opinion or Order Filing 5 Administrative Track DCM Initial Order. Chief Judge Solomon Oliver, Jr. (S,HR)
October 20, 2015 Opinion or Order Filing 4 Petition under 28 USC 2254 for Writ of Habeas Corpus by a person in state custody. Filing fee not paid, IFP. Filed by Marc Dukles. (Attachments: #1 Exhibits in Support) (S,HR)
October 20, 2015 Opinion or Order Filing 3 CASE TRANSFERRED IN from District of Ohio Southern. Case number 2:15-cv-02922. Electronic case file received on 10/20/15.
October 20, 2015 Opinion or Order Filing 2 ORDER transferring case to Northern District of Ohio, Eastern Division at Cleveland. Signed by Magistrate Judge Terence P. Kemp on 10/20/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) [Transferred from ohsd on 10/20/2015.]
October 20, 2015 Opinion or Order Case transferred to District of Northern District of Ohio, Eastern Division at Cleveland. Case file and docket sheet sent Electronically. (agm) [Transferred from ohsd on 10/20/2015.]
October 20, 2015 Opinion or Order Judge Christopher A. Boyko assigned to case. (S,HR)
October 20, 2015 Opinion or Order Copy of #5 Administrative Track DCM Initial Order, #4 Petition for Writ of Habeas Corpus (2254) mailed to Marc Dukles and Warden Rick Chuvalas at Correctional Reception Center, P.O. Box 300, Orient, Ohio 43146 on 10/20/15. (S,HR)
October 20, 2015 Opinion or Order Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Greg White. (S,HR)
October 16, 2015 Opinion or Order Filing 1 MOTION for Leave to Proceed in forma pauperis by Petitioner Marc Dukles. Responses due by 11/9/2015 (Attachments: #1 Petition, #2 Exhibits) (mas) [Transferred from ohsd on 10/20/2015.]

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Petitioner: Marc Dukles
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Respondent: Richard Chuvalas
Represented By: William H. Lamb
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