Johnson v. Warden Lebanon Correctional Institution

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

Johnson v. Warden Lebanon Correctional Institution

Petitioner:	David Johnson
Respondent:	Warden Lebanon Correctional Institution
Case Number:	1:2012cv00172
Filed:	March 1, 2012
Court:	US District Court for the Southern District of Ohio
Office:	Cincinnati Office
County:	HAMILTON
Presiding Judge:	Karen L. Litkovitz
Presiding Judge:	S Arthur Spiegel
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
May 29, 2012	Filing 8 ORDER ADOPTING REPORT AND RECOMMENDATION re 7 Report and Recommendations, granting 5 Petitioner's Motion to Stay, granting 6 Respondent's Motion to Stay. The instant proceedings are administratively STAYED and TERMINATED on the Cou rt's docket pending Petitioner's exhaustion of his state remedies, on the condition that Petitioner file a motion to reinstate his case on the Court's active docket within 30 days after fully exhausting his state court remedies through the requisite levels of state appellate review. Petitioner is GRANTED LEAVE to reinstate his case on the Court's docket when he has so exhausted his state remedies, provided that he show that he has complied with the conditions of the stay. A certificate of appealability should not issue with respect to this decision. Slack v. Daniel, 529 U.S. 473 (2000). The Court CERTIFIES that with respect to any application by Petitioner to proceed on appeal in forma pauperis, an appeal of this Order would not be taken in good faith and therefore the Court DENIES Petitioner leave to appeal in forma pauperis. Signed by Judge S Arthur Spiegel on 5/29/2012. (km1)
May 3, 2012	Filing 7 REPORT AND RECOMMENDATION that this matter be Stayed and that the stay take the form of an administrative stay and that the case be terminated on the Court's active docket. Petitioner may file a motion to reinstate case within (30) days after f ully exhauting his state court remedies. A certificate of appealability should not issue. Any appeal of this matter would not be taken in good faith and thereby deny petitioner leave to appeal in forma pauperis. Objections to R&R due by 5/21/2012. Signed by Magistrate Judge Karen L. Litkovitz on 5/2/2012. (art)

Date Filed

Document Text

May 29, 2012

Filing 8 ORDER ADOPTING REPORT AND RECOMMENDATION re 7 Report and Recommendations, granting 5 Petitioner's Motion to Stay, granting 6 Respondent's Motion to Stay. The instant proceedings are administratively STAYED and TERMINATED on the Cou rt's docket pending Petitioner's exhaustion of his state remedies, on the condition that Petitioner file a motion to reinstate his case on the Court's active docket within 30 days after fully exhausting his state court remedies through the requisite levels of state appellate review. Petitioner is GRANTED LEAVE to reinstate his case on the Court's docket when he has so exhausted his state remedies, provided that he show that he has complied with the conditions of the stay. A certificate of appealability should not issue with respect to this decision. Slack v. Daniel, 529 U.S. 473 (2000). The Court CERTIFIES that with respect to any application by Petitioner to proceed on appeal in forma pauperis, an appeal of this Order would not be taken in good faith and therefore the Court DENIES Petitioner leave to appeal in forma pauperis. Signed by Judge S Arthur Spiegel on 5/29/2012. (km1)

May 3, 2012

Filing 7 REPORT AND RECOMMENDATION that this matter be Stayed and that the stay take the form of an administrative stay and that the case be terminated on the Court's active docket. Petitioner may file a motion to reinstate case within (30) days after f ully exhauting his state court remedies. A certificate of appealability should not issue. Any appeal of this matter would not be taken in good faith and thereby deny petitioner leave to appeal in forma pauperis. Objections to R&R due by 5/21/2012. Signed by Magistrate Judge Karen L. Litkovitz on 5/2/2012. (art)

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Respondent: Warden Lebanon Correctional Institution
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Petitioner: David Johnson
Represented By:	Wendy R Calaway
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