Renfro v. Ohio State Of et al
Riccardo Renfro |
Richard K. Jones, Sheriff, Patricia Oney, Judge, David L. Kash, Prosecutor, Ohio State Of and Butler County of |
1:2011cv00430 |
June 28, 2011 |
US District Court for the Southern District of Ohio |
Cincinnati Office |
BUTLER |
Susan J. Dlott |
Karen L. Litkovitz |
General |
28 U.S.C. ยง 2254 |
None |
Available Case Documents
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Filing 15 DECISION AND ORDER - On Motion of the Petitioner (Doc. No. 14 ) and for good cause shown, the above captioned action is hereby dismissed without prejudice and the Report and Recommendations recommending dismissal with prejudice (Doc. No. 13 ) is W ITHDRAWN. The Petition herein was filed pre-judgment and Petitioner has still not exhausted his available remedies in the Ohio courts, so dismissal without prejudice will not prevent him from returning to federal court once he has exhausted those remedies. Signed by Magistrate Judge Michael R Merz on 6/4/2012. (sc1) |
Filing 13 REPORT AND RECOMMENDATIONS - Petitioner is simply wrong in asserting that an Ohio Common Pleas Court does not have authority to arrest, confine, try, and imprison a person found within the borders of the State on crimes of aggravated robbery and murd er. The Petition is without merit and should be dismissedwith prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied any requested certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and should therefore not be permitted toproceed in forma pauperis. Objections to R&R due by 6/8/2012. Signed by Magistrate Judge Michael R Merz on 5/22/2012. (kf) |
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