Alvarado v. Ohio State Penitentiary
Petitioner: Hector Alvarado
Respondent: Ohio State Penitentiary
Case Number: 3:2016cv02563
Filed: October 20, 2016
Court: US District Court for the Northern District of Ohio
Office: Toledo Office
County: Mahoning
Presiding Judge: Patricia A. Gaughan
Presiding Judge: Jonathan D. Greenberg
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Date Filed Document Text
February 18, 2021 Opinion or Order Filing 96 Memorandum of Opinion and Order: This matter is before the Court upon the Report and Recommendation ("R&R") of Magistrate Judge Jonathan D. Greenberg (Doc. 93 ) recommending that the Amended Petition for Writ of Habeas Corpus under 28 U.S.C. 2254 be stayed and held in abeyance to allow petitioner to present his unexhausted claims to the state courts. Respondent has filed an objection. Respondent's objection is overruled and the R&R is ACCEPTED. This matter is stayed and held in abeyance pending exhaustion of petitioner's claims in state court. Judge Patricia A. Gaughan on 2/18/21. (LC,S)
June 3, 2020 Opinion or Order Filing 85 Memorandum of Opinion and Order: This matter is before the Court upon Respondent's Appeal from (Objections to) the Magistrate Judge's Order (Doc. 80 ) (Fed.R.Civ.P. 72(a.); L.R. 72.3(A)) (Doc. 82 ). For the following reasons, the Magistrate Judge's Order will not be set aside as clearly erroneous or contrary to law. The Magistrate Judge's Order (Doc. 80 ) will not be set aside as clearly erroneous or contrary to law. Judge Patricia A. Gaughan on 6/3/20. (LC,S)
February 3, 2020 Opinion or Order Filing 80 Order. Petitioner's Motion for Leave to File an Amended Petition or in the Alternative to File an Amended Traverse (Doc. No. 73 ) is granted in part and denied in part as set forth in this Order. Petitioner's motion to expand the record (Doc. No. 72 ) is granted in part and denied in part. Given the personal identifiers in deposition exhibits 4A, 43, 44, 45, 66, and 73, the Court SEALS Doc. No. 72-7. Petitioner shall file promptly the deposition exhibits with the persona l identifiers redacted. Petitioner shall file his amended Petition by March 4, 2020. Respondent shall file a Return to the Amended Petition no later than 60 days from the filing of the amended Petition; i.e., May 4, 2020. Petitioner shall file a Traverse no later than 30 days from the filing of the Return; i.e., June 3, 2020. Respondent may file a sur-reply no later than 15 days from the filing of the Traverse; i.e., June 18, 2020. Given the passage of time in this case, the parties should not expect any extensions of these deadlines. Signed by Magistrate Judge Jonathan D. Greenberg on 2/3/2020. (S,S)
November 5, 2018 Opinion or Order Filing 39 Memorandum of Opinion and Order: The Order of Magistrate Judge Greenberg granting in part (as to Grounds 2 and 3) and denying in part (as to Grounds 7 and 9) petitioner's Motion for Discovery and granting petitioner's Motion to Expand/Complete the Record is accepted. Discovery is ordered in accordance with the Order as is expansion/completion of the record. Judge Patricia A. Gaughan on 11/5/18. (LC,S) re 36
September 18, 2018 Opinion or Order Filing 36 Order granting in part and denying in part petitioner's 28 Motion for discovery and granting petitioner's 29 Motion to expand/complete the record. Signed by Magistrate Judge Jonathan D. Greenberg on 9/18/2018. (S,S)
March 3, 2017 Opinion or Order Filing 18 Memorandum of Opinion and Order: This matter is before the Court upon the Report and Recommendation of Magistrate Judge Jonathan D. Greenberg (Doc. 17 ) recommending that Petitioner's Motion for Stay and Abeyance (Doc. 5 ) be GRANTED a nd that his Motion for Order Directing Respondent to Correct the Return (Doc. 14 ) be DENIED WITHOUT PREJUDICE. This Court, having reviewed the Report and Recommendation and finding no clear error, hereby accepts the Magistrate Judge's Report and Recommendation. In accordance with that recommendation, this case is hereby stayed to allow Petitioner to exhaust his Second, Third, Seventh, and Ninth Grounds for Relief in state court. This stay is granted on the condition that Petitioner (1) file quarterly status reports in this Court regarding the progress of his state court appeal; and (2) seek reinstatement on this Court's active docket within thirty days of fully exhausting his state court remedies. This case is hereby removed from the Court's active docket and administratively closed. This is purely an administrative device for the convenience of the Court and in no way affects the substantive or procedural rights of the parties in interest to proceed before this Court at a later date. Nothing in this order shall be considered a dismissal or disposition of this matter. Judge Patricia A. Gaughan on 3/3/17. (LC,S)
November 14, 2016 Opinion or Order Filing 8 Order: The Report and Recommendation of Magistrate Judge Greenberg (Doc. 6 ) is accepted without objection. Accordingly, petitioner's Motion to Proceed In Forma Pauperis is denied as discussed therein. Judge Patricia A. Gaughan on 11/14/16. (LC,S) re 2
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Petitioner: Hector Alvarado
Represented By: Joanna L. Sanchez
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Respondent: Ohio State Penitentiary
Represented By: Jerri L. Fosnaught
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