Carter v. Mitchell
Cedric Carter |
Betty Mitchell |
1:1998cv00853 |
November 12, 1998 |
US District Court for the Southern District of Ohio |
Cincinnati Office |
HAMILTON |
Michael R Merz |
Thomas M Rose |
Death Penalty - Habeas Corpus |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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Petitioner: Cedric Carter | |
Represented By: | David Bodiker |
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Respondent: Betty Mitchell | |
Represented By: | Attorney General |
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