Carter v. Mitchell
Petitioner: Cedric Carter
Respondent: Betty Mitchell
Case Number: 1:1998cv00853
Filed: November 12, 1998
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: HAMILTON
Presiding Judge: Michael R Merz
Presiding Judge: Thomas M Rose
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 31, 2013 Opinion or Order Filing 186 JUDGMENT INCLUDING CERTIFICATE OF APPEALABILITY - 1. That Petitioner's Motion to Stay Federal Habeas Proceedings and Hold Them in Abeyance (Doc. No. 165 ) be, and it hereby is DENIED; and 2. Petitioner is granted a certificate of appealabilit y on the question whether this Court should have granted the requested stay. This Judgment is approved as to form and the Clerk is ORDERED to enter it forthwith and to terminate this case on the docket of this Court. Signed by Judge Thomas M Rose on 07/31/13. (pb1)
June 27, 2013 Opinion or Order Filing 185 ENTRY AND ORDER OVERRULING CEDRIC CARTER'S OBJECTIONS (Doc. # 176 ) TO MAGISTRATE JUDGE MICHAEL R. MERZ'S REPORT AND RECOMMENDATIONS ON MOTION TO STAY (Doc. # 174 ); OVERRULING CARTER'S OBJECTIONS (Doc. # 183 ) TO MAGISTRATE JUDGE MERZ 'S SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION TO STAY (Doc. # 182 ); ADOPTING MAGISTRATE JUDGE MERZ'S REPORT AND RECOMMENDATIONS AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION TO STAY IN THEIR ENTIRETY; DENYING CARTER'S MOTION TO STAY AND INCLUDING CARTERS MOTION TO STAY IN THE CERTIFICATE OF APPEALABILITY. Signed by Judge Thomas M Rose on 06/27/13. (pb1)
June 19, 2013 Opinion or Order Filing 182 SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION TO STAY FEDERAL HABEAS PROCEEDINGS - The Magistrate Judge again respectfully recommends that Carter's Motion to Stay be denied. Given the Gonzalez decision and the uncertainty of the scope of Pinholster, however, the questions raised by the Motion to Stay should be included in the certificate of appealability in this case. Objections to R&R due by 7/8/2013. Signed by Magistrate Judge Michael R Merz on 6/19/2013. (kpf1)
June 10, 2013 Opinion or Order Filing 181 ENTRY AND ORDER OVERRULING CEDRIC CARTER'S OBJECTIONS (Doc. # 166 ) TO MAGISTRATE JUDGE MICHAEL R. MERZ'S POST-REMAND REPORT AND RECOMMENDATIONS (Doc. # 163 ); OVERRULING CARTERS OBJECTIONS (Doc. # 177 ) TO MAGISTRATE JUDGE MERZ'S SUP PLEMENTAL POST-REMAND REPORT AND RECOMMENDATIONS (Doc. # 175 ); ADOPTING MAGISTRATE JUDGE MERZ'S POST-REMAND REPORT AND RECOMMENDATIONS AND SUPPLEMENTAL POST-REMAND REPORT AND RECOMMENDATIONS IN THEIR ENTIRETY AND APPROVING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY ON GROUNDS FOR RELIEF TWENTY-EIGHT, TWENTY-NINE AND FIFTY. Signed by Judge Thomas M Rose on 06/10/13. (pb1)
May 21, 2013 Opinion or Order Filing 178 RECOMMITTAL ORDER - Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and Response and making recommendations based on that analysis. Signed by Judge Thomas M Rose on 05/21/13. (pb1)
May 2, 2013 Opinion or Order Filing 175 SUPPLEMENTAL POST-REMAND REPORT AND RECOMMENDATIONS - It is again respectfully recommended that the Court deny habeas relief on all three of the remanded issues. However, because the Sixth Circuit found these issues sufficiently arguable to merit remand, a certificate of appealability should issue as to all three. Objections to R&R due by 5/20/2013. Signed by Magistrate Judge Michael R Merz on 05/02/13. (pb1)
May 1, 2013 Opinion or Order Filing 174 REPORT AND RECOMMENDATIONS ON MOTION TO STAY FEDERAL HABEAS PROCEEDINGS - Because Rhines v. Weber does not support a stay for "unexhausted evidence" and because the issues for which the stay is sought exceed the scope of the mandate, the Court should deny Petitioner's Motion to Stay. Objections to R&R due by 5/20/2013. Signed by Magistrate Judge Michael R Merz on 5/1/2013. (kpf1)
February 14, 2013 Opinion or Order Filing 167 RECOMMITTAL ORDER - re 163 and 166 - The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72 (b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and Response and making recommendations based on that analysis. Signed by Judge Thomas M Rose on 2/13/13. (kje1)
January 14, 2013 Opinion or Order Filing 163 POST-REMAND REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus Objections to R&R due by 1/31/2013. Signed by Magistrate Judge Michael R Merz on 1/14/2013. (kpf1)
December 20, 2012 Opinion or Order Filing 162 ORDER OF REFERENCE - Pursuant to the Dayton General Order of Assignment and Reference and 28 U.S.C. § 636(b), the reference of this case to United States Magistrate Judge Michael R. Merz continues. The Magistrate Judge is empowered to deal with all pretrial and post-judgment motions and procedures, whether dispositive or not, and to render a report and recommendations to the Court on any matters classified as dispositive by statute or precedent, including, without limitation, the remanded issues. Signed by Judge Thomas M Rose on 12/20/12. (pb1)
November 2, 2012 Opinion or Order Filing 158 ORDER TO PARTIES NOTING STATUS OF CASE - This capital habeas corpus case is before the Court on remand from the Sixth Circuit. Counsel are notified that the Court will consider the remanded issues ripe for decision unless a party files a motion to stay pending certiorari not later than November 10, 2012. Signed by Magistrate Judge Michael R Merz on 11/2/2012. (kpf1)
March 1, 2012 Opinion or Order Filing 153 ORDER - Without commenting on the ultimate propriety of paying for these services from Criminal Justice Act funds, the Court notes that Ms. Prucha has never been appointed by this Court as counsel for the Petitioner. The application is accordingly denied. Signed by Magistrate Judge Michael R Merz on 03/01/12. (pb1)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Carter v. Mitchell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Cedric Carter
Represented By: David Bodiker
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Betty Mitchell
Represented By: Attorney General
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?