Kaeding v. Warden, Lebanon Correctional Institution
Mark H. Kaeding |
Warden, Lebanon Correctional Institution |
1:2011cv00121 |
February 28, 2011 |
US District Court for the Southern District of Ohio |
Cincinnati Office |
HAMILTON |
Michael R. Barrett |
Karen L. Litkovitz |
Habeas Corpus (General) |
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 81 REPORT AND RECOMMENDATIONS ON MOTION TO APPEAL IN FORMA PAUPERIS - It is respectfully recommended that Petitioner's Motion for Leave to Appeal in forma pauperis (ECF No. 80) be DENIED. Petitioner can apply directly to the Sixth Circuit for le ave to appeal in forma pauperis at the same time as he applies for a certificate of appealability. Objections to R&R due by 10/31/2016. Signed by Magistrate Judge Michael R. Merz on 10/12/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 75 ORDER 45 Order; 74 Objections are overruled adopting 45 Report and Recommendation; 1 Petition is denied with prejudice without certificate of appealability. Signed by Judge Michael R. Barrett on 9/19/16. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 70 SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION TO EXPAND THE RECORD - Objections to R&R due by 1/31/2014. Signed by Magistrate Judge Michael R Merz on 1/14/2014. (kpf1) |
Filing 67 REPORT AND RECOMMENDATIONS ON MOTION TO EXPAND THERECORD - Petitioner's request to expand the record by obtaining a transcript of the grand jury proceedings should be DENIED on the merits unless found to be moot. Objections to R&R due by 12/9/2013. Signed by Magistrate Judge Michael R Merz on 11/21/2013. (kpf1) |
Filing 65 ORDER TO RE-FILE MOTION TO EXPAND THE RECORD - Petitioner is ordered to re-send a complete copy of the Motion to Expand showing the September 30, 2013, time stamp to the Clerk who shall scan and file it forthwith.The Motion as now filed (Doc. No. 64) is denied without prejudice to consideration of the Motion if Petitioner re-sends a copy as ordered herein. Signed by Magistrate Judge Michael R Merz on 11/12/2013. (kpf1) |
Filing 62 REPORT AND RECOMMENDATIONS ON REQUEST TO FILE OBJECTIONS - Petitioner's Motion for Relief from Judgment (Doc. No. 61) should be denied. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 11/4/2013. Signed by Magistrate Judge Michael R Merz on 10/18/2013. (kpf1) |
Filing 57 CLERK'S JUDGMENT filed concurrently with 56 Order signed by Judge Michael R. Barrett on 9/30/13. (ba1) |
Filing 52 MEMORANDUM REGARDING RECUSAL PORTION OF MOTION TO STRIKE REPORT AND RECOMMENDATIONS: The Magistrate Judge offers no comment on the request to strike the Report. The Magistrate Judge declines to recuse himself from further participation in this case as a judicial officer. Signed by Magistrate Judge Michael R Merz on 10/05/2012. (gh1) |
Filing 49 DECISION AND ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT AND FOR RE-TRANSFER OF THE CASE. Signed by Magistrate Judge Michael R Merz on 9/21/2012. (kpf1) |
Filing 47 ORDER STRIKING "TRAVERSE" - Petitioner's filing, on September 18, 2012, of a "Traverse to Return of Writ" (Doc. No. 46), is STRICKEN. Petitioner may incorporate any arguments he believes have not been addressed in his objections to the Report and Recommendations, which must be filed by September 28, 2012. Signed by Magistrate Judge Michael R Merz on 9/19/2012. (kpf1) |
Filing 45 DECISION AND ORDER DENYING MOTIONS FOR EVIDENTIARY HEARING AND ADDITIONAL DISCOVERY; REPORT AND RECOMMENDATIONS ON THE MERITS: It is respectfully recommended that the Petition herein be dismissed with prejudice. Because reasonable jurists would not d isagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would not be taken in objective good faith. (Objections to R&R due by 9/28/2012). Signed by Magistrate Judge Michael R Merz on 9/11/12. (cib1) |
Filing 44 ORDER TO SEAL - To protect the identity of the minor victim in this matter, various documents on the docket are ordered sealed. Signed by Magistrate Judge Michael R Merz on 9/10/2012. (kpf1) |
Filing 36 NOTICE TO PETITIONER - Petitioner's reply is to be filed not later than August 2, 2012, allowing the extra three days after service by mail which is provided in Fed. R. Civ. P. 6. Signed by Magistrate Judge Michael R Merz on 7/30/2012. (kpf1) |
Filing 34 DECISION AND ORDER DENYING PETITIONER' S MOTION FOR RECONSIDERATION 33 . Signed by Magistrate Judge Michael R Merz on 7/11/2012. (sc1) |
Filing 26 TRANSFER ORDER. With the consent of both of them, the reference in the above-captioned case is hereby transferred from The Honorable Karen L. Litkovitz to The Honorable Michael R. Merz. Signed by Magistrate Judge Michael R Merz on 6/11/2012. (mdf1) |
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Petitioner: Mark H. Kaeding | |
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Respondent: Warden, Lebanon Correctional Institution | |
Represented By: | Gene D Park |
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