Phillips v. LaRose
| Jeffrey Scott Phillips |
| Christopher LaRose |
| 5:2013cv00693 |
| March 29, 2013 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Stark |
| Jeffrey J. Helmick |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
74
Memorandum Opinion and Order: I adopt the Report and Recommendation in full. I deny Grounds 1 and 4 of Phillips' petition for a writ of habeas corpus. I also overrule Phillips' objections, (Doc. No. 60 and Doc. No. 68), to Judge Ru iz's decisions denying Phillips' Rule 60(b) motion, (Doc. No. 57), and denying Phillips' motion to expand the record. (Doc. No. 65). Further, I certify there is no basis on which to issue a certificate of appealability. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). re 67 Judge Jeffrey J. Helmick on 11/5/2019. (S,AL)
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Filing
38
Memorandum Opinion: The Petitioner's objections are well taken as they pertain to the lack of his trial court transcripts. The remainder of his objections are overruled. I adopt, in part, the Magistrate Judge's May 6, 2016 Report a nd Recommendation. Specifically, I adopt the Magistrate Judge's recommendations on procedural default and cognizable claims. (Doc. No. 30 at pp. 16-24). The Respondent is ordered to secure and serve copies of the trial transcripts on Petition er within 45 days of this Order. The Respondent shall also file those trial transcripts on this docket. This matter will be referred back to Magistrate Judge Ruiz for further proceedings on the remaining claims. re 30 Judge Jeffrey J. Helmick on 11/20/2017. (S,AL)
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Filing
25
Memorandum and Order Denying Petitioner's Motion for an order to provide transcripts (Related Doc # 22 ); and Denying Petitioner's Motion for leave to file a reply to the warden's response (Related Doc # 24 ). The petitioner shall filed his Traverse within thirty (30) days of the receipt of this Order. Signed by Magistrate Judge Kenneth S. McHargh on 9/11/15. (M,De)
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Filing
20
Memorandum and Order that the motion for reconsideration (doc. 18 ) is GRANTED. The respondent shall provide a copy of the trial transcript, as well as any other exhibits attached to the Return of Writ which have not already been provide d, to the petitioner within fourteen (14) days of the receipt of this Order. The motion for extension of time (doc. 19 ) is GRANTED. Phillips shall file his Traverse within forty-five (45) days of the receipt of this Order.. Signed by Magistrate Judge Kenneth S. McHargh on 3/6/2015.(M,De)
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Filing
17
Memorandum and Order that the Petitioner Jeffrey Scott Phillip's Motion for trial transcripts is DENIED. However, during the pendency of this motion, the deadline for Phillips to file his Traverse had passed. Because it was not unr easonable for Phillips to await a ruling on his motion, the court will sua sponte extend the deadline for Phillips to file his Traverse. Phillips shall file his Traverse within thirty (30) days of the receipt of this Order. (Related Doc # 12 ). Signed by Magistrate Judge Kenneth S. McHargh on 2/3/2015.(M,De)
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| Petitioner: Jeffrey Scott Phillips | |
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| Respondent: Christopher LaRose | |
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