Applegate v. Bunting
| Applegate |
| Bunting |
| David Applegate |
| Jason Bunting |
| 5:2016cv00117 |
| January 19, 2016 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Tuscarawas |
| Dan Aaron Polster |
| Nancy A Vecchiarelli |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on July 28, 2016. A more recent docket listing may be available from PACER.
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Filing 16
Judgment Entry For the reasons stated in the #15 Opinion and Order filed contemporaneously with this Judgment Entry, and pursuant to Federal Rule of Civil Procedure 58, it is hereby ordered, adjudged and decreed that the above-captioned case is hereby terminated and dismissed as final. Furthermore, pursuant to 28 U.S.C. 2253(c) and Fed. R. App. P. 22(b), there is no basis upon which to issue a certificate of appealability. 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. Signed by Judge Dan Aaron Polster on 7/28/2016. (K,K)
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Filing 15
Opinion and Order The Court overrules the Objection (Doc #: #14 ), ADOPTS the R & R (Doc #: #13 ), GRANTS the Motion to Dismiss (Doc #: #7 ), and DISMISSES the Petition (Doc #: #1 ) as time-barred. Signed by Judge Dan Aaron Polster on 7/28/2016. (K,K) Modified text on 7/29/2016 (H,SP).
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Copy of #15 Opinion and Order and #16 Judgment mailed to David Applegate at M.C.I., P.O. Box 57, Marion, OH 43301 on 7/28/2016. (K,K)
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Filing 14
Objection to Report and Recommendation filed by David Applegate. Related document(s) #13 . (M, S)
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Filing 13
Report and Recommendation that the State's #7 Motion to dismiss be Granted and the #1 Petition for Writ of Habeas Corpus (2254) be Dismissed. Magistrate Judge Nancy A. Vecchiarelli 7/7/16(C,KA) Modified text on 7/8/2016 (H,SP).
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Copy of #13 mailed to David Applegate #A469-862 M.C.I. P.O. Box 57 Marion, OH 43301. (C,KA)
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Filing 12
Opposition (Memorandum Contra) to Respondent's #7 Motion to dismiss filed by David Applegate. (M,TL)
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Filing 11
Order granting #10 petitioner's Motion for Extension of Time to File Response/Reply to motion to dismiss by or on 7/6/16. Magistrate Judge Nancy A. Vecchiarelli 5/27/16 (C,KA)
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Copy of #11 mailed to David Applegate #A469-862 M.C.I. P.O. Box 57 Marion, OH 43301. (C,KA)
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Filing 10
Motion for extension of time of 30 days to file response to Respondent's #7 Motion to dismiss filed by Petitioner David Applegate. (M,TL)
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Filing 9
Supplement Transcript (from state court plea & sentencing) to #7 Motion to dismiss filed by Jason Bunting. (Related document(s) #7 ) (Khouri, Jonathan). Modified on 5/10/2016, counsel notified to have case caption and signature block on future filings (H,SP).
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Filing 8
Order re #7 Respondent's Motion to dismiss. Petitioner shall respond by 6/6/2016. Magistrate Judge Nancy A. Vecchiarelli on 5/6/2016. (G,W)
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Copy of #8 Order mailed to David Applegate, #A469-862 at M.C.I., P.O. Box 57, Marion, OH 43301 on 5/6/2016. Related document(s) #8 . (G,W)
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Filing 7
Motion to dismiss filed by Respondent Jason Bunting. (Attachments: #1 Appendix State Court Record - Exhibits 1-20, #2 Appendix State Court Record - Exhibits 21-32)(Khouri, Jonathan)
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Filing 6
Order granting #5 Respondent's Motion for extension of time until 05/04/2016 to Answer. Magistrate Judge Nancy A. Vecchiarelli on 4/4/2016.(G,W)
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Copy of #6 Order on Motion for extension of time mailed to David Applegate, #A469-862 at M.C.I., P.O. Box 57, Marion, OH 43301 on 4/4/2016. Related document(s) #6 . (G,W)
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Filing 5
Motion for extension of time until 05/04/2016 to Respond to Order to Show Cause filed by Respondent Jason Bunting. (Khouri, Jonathan)
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Filing 4
Magistrate Judge's Initial Order. Respondent to file an answer to the petition within 60 days from the date of this order; Petitioner to file an answer by way of a Traverse within 30 days from the filing of Respondent's answer; Respondent to respond within 15 days from the filing of Petitioner's Traverse. Magistrate Judge Nancy A. Vecchiarelli on 2/4/2016. (G,W)
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Copy of Automatic Reference of Administrative Action mailed to David Applegate at M.C.I., P.O. Box 57, Marion, OH 43301 and Jason Bunting, Warden, at Marion Correctional Institution, 940 Marion-Williamsport Road, Marion, OH 43302-8356 on 2/4/2016. (K,K)
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Copy of #4 Magistrate Judge's Initial Order, mailed to David Applegate, #A469-862 at M.C.I., P.O. Box 57, Marion, OH 43301, Jason Bunting, Warden, at Marion Correctional Institution, 940 Marion-Williamsport Road, Marion, OH 43302-8356, and emailed to B. Higgins, AG, on 2/4/2016. Related document(s) #4 . (G,W)
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Automatic Reference [non-document] of Administrative Action to Magistrate Judge Nancy A. Vecchiarelli pursuant to Local Rule 72.2. Entered on behalf of Judge Dan Aaron Polster on 2/4/2016. (K,K)
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Financial Transaction in the amount of $5.00 received from David Applegate. Receipt # 54660005802 Related document #3 . Copy of receipt mailed to David Applegate #A469-862, M.C.I., P.O. Box 57, Marion, OH 43301 (M,TL)
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Filing 3
Order re #1 Petition for Writ of Habeas Corpus. Petitioner is ordered either to pay the filing fee, $5, or to file a proper application, within 30 days. Failure to do so may result in dismissal of this action without further notice. Magistrate Judge Nancy A. Vecchiarelli on 1/28/2016. (Attachments: #1 Application) (G,W)
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Copy of #3 Order, mailed to David Applegate, #A469-862 at M.C.I., P.O. Box 57, Marion, OH 43301 on 1/28/2015. Related document(s) #3 . (G,W)
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Filing 2
Administrative Track DCM Initial Order. Chief Judge Solomon Oliver, Jr. (M,TL)
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Filing 1
Petition under 28 USC 2254 for Writ of Habeas Corpus by a person in state custody. Filing fee paid 2/2/16, filed by David Applegate. (Attachments: #1 Memorandum in Support, #2 Praecipe, #3 Civil Cover Sheet) (M,TL). Modified on 2/3/2016 for fee payment (H,SP).
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Judge Dan Aaron Polster assigned to case. (M,TL)
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Copy of #2 Administrative Track DCM Initial Order and #1 Petition for Writ of Habeas Corpus (2254) mailed to David Applegate #A469-862, M.C.I., P.O. Box 57, Marion, OH 43301 on 01/19/2016. (M,TL)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Nancy A. Vecchiarelli. (M,TL)
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