Barton v. Warden, Southern Ohio Correctional Institution
| Thomas Barton |
| Warden, Southern Ohio Correctional Institution |
| 1:2009cv00353 |
| May 19, 2009 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| WARREN |
| Timothy S. Black |
| S Arthur Spiegel |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
66
ORDER - It is ORDERED that the Report and Recommendation (Doc. 65 ) be, and it hereby is, adopted as the finding of fact and conclusions of law of this Court; that this case be, and it hereby is, DISMISSED AS MOOT.. Signed by Judge William O. Bertelsman on 10/25/2016. (jee)
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Filing
65
REPORT AND RECOMMENDATIONS - The prior judgment having been vacated, the above-captioned case should be dismissed as moot. re 1 Petition for Writ of Habeas Corpus filed by Thomas Barton. Objections to R&R due by 10/17/2016. Signed by Magistrate Judge Michael R. Merz on 9/30/16. (pb)
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Filing
53
JUDGMENT entered by Clerk affirming Court Order 52 . (km1)
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Filing
49
SUPPLEMENTAL REPORT AND RECOMMENDATIONS. it is respectfully recommended that the Petition be dismissed with prejudice. It is also recommended that Petitioner be granted a certificate of appealability on his First Ground for Relief, but denied a certificate of appealability on Grounds Two and Three. Objections to R&R due by 2/27/2012. Signed by Magistrate Judge Michael R Merz on 2/7/2012. (mdf1)
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Filing
42
DECISION AND ORDER - The Order granting in part Petitioner's motion for an evidentiary hearing (Doc. No. 29) is VACATED and Respondent's appeal (Doc. No. 31) is moot. The record in this case is now complete. Counsel shall advise the Court not later than June 20, 2011, whether they desire to file additional briefing on the merits. If so, the Court requests counsel agree, if possible on a briefing schedule. Signed by Magistrate Judge Michael R Merz on 6/8/2011. (kpf1)
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Filing
38
ORDER FOR ADDITIONAL BRIEFING - This case is before the Court on consideration of Respondent's Notice of Supplemental Authority (Doc. No. 37), calling the Court's attention to Cullen v. Pinholster, 563 U.S. ___, 2011 U.S. LEXIS 2616 (Apr. 4 , 2011). The Magistrate Judge agrees that his Decision and Order Granting in Part and Denying in Part Petitioner's Motion for Evidentiary Hearing (Doc. No. 29) requires reconsideration in light of Cullen. It is accordingly ordered that Petitione r file any memorandum he wishes the Court to consider on the impact of the Cullen decision not later than April 29, 2011. Respondent may reply not later than seven calendar days after Petitioner's memorandum is filed. Signed by Magistrate Judge Michael R Merz on 4/19/2011. (kpf1)
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Filing
25
ORDER STRIKING DOCUMENT - It is accordingly ORDERED that Doc. No. 20, captioned as "Cross-Motion for Summary Judgment," be stricken, without prejudice to the arguments made therein on the merits, which of course are also made in the duplicate filing at Doc. No. 19. Signed by Magistrate Judge Michael R Merz on 8/4/2010. (kpf1)
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| Petitioner: Thomas Barton | |
| Represented By: | Christopher J Pagan |
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| Respondent: Warden, Southern Ohio Correctional Institution | |
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