Moss v. Warden, Lebanon Correctional Institution

Justia Dockets & Filings Sixth Circuit Ohio Southern District Moss v. Warden, Lebanon Correctional Institution

Moss v. Warden, Lebanon Correctional Institution

Petitioner:	Robert E. Moss
Respondent:	Warden, Lebanon Correctional Institution
Case Number:	1:2009cv00280
Filed:	April 20, 2009
Court:	US District Court for the Southern District of Ohio
Office:	Cincinnati Office
County:	HAMILTON
Presiding Judge:	Michael R. Barrett
Presiding Judge:	Timothy S Hogan
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
September 30, 2010	Filing 29 ORDER STRIKING OBJECTIONS TO REPORT AND RECOMMENDATIONS - Petitioner Robert Moss has filed Objections (Doc. No. 28) to the Magistrate Judge's Supplemental Report and Recommendations (Doc. No. 23). Mr. Moss' objections were originally due by August 19, 2010. On August 10, he requested an extension to September 20, 2010, but was only granted an extension to August 31, 2010. Therefore his Objections are untimely and are stricken on that basis. Furthermore, the Objections are untimely beca use Judge Barrett has already adopted the Supplemental Report and Recommendations and entered judgment in the case. Petitioner is advised that his time to appeal will expire on October 16, 2010. Judge Barrett has already denied leave to appeal in forma pauperis and a certificate of appealability. Signed by Magistr ate Judge Michael R Merz on 9/30/2010. (kpf1)

Date Filed

Document Text

September 30, 2010

Filing 29 ORDER STRIKING OBJECTIONS TO REPORT AND RECOMMENDATIONS - Petitioner Robert Moss has filed Objections (Doc. No. 28) to the Magistrate Judge's Supplemental Report and Recommendations (Doc. No. 23). Mr. Moss' objections were originally due by August 19, 2010. On August 10, he requested an extension to September 20, 2010, but was only granted an extension to August 31, 2010. Therefore his Objections are untimely and are stricken on that basis. Furthermore, the Objections are untimely beca use Judge Barrett has already adopted the Supplemental Report and Recommendations and entered judgment in the case. Petitioner is advised that his time to appeal will expire on October 16, 2010. Judge Barrett has already denied leave to appeal in forma pauperis and a certificate of appealability. Signed by Magistr ate Judge Michael R Merz on 9/30/2010. (kpf1)

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Petitioner: Robert E. Moss
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Respondent: Warden, Lebanon Correctional Institution
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