Fite v. Warden, Ross Correctional Institution
| Donovan Fite |
| Warden, Ross Correctional Institution |
| 1:2012cv00877 |
| November 13, 2012 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| ADAMS |
| Timothy S. Black |
| Stephanie K. Bowman |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
21
DECISON AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (DOC. 20 ) AND TERMINATING THIS CASE IN THIS COURT. Signed by Judge Timothy S. Black on 1/8/18. (jlm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
20
DECISION AND ORDER DENYING MOTION TO AMEND; REPORT AND RECOMMENDATIONS - Because all of Petitioner's claims are barred by the statute of limitations, his Motion to Amend is DENIED and it is respectfully recommended that his Petition be DISMISS ED WITH PREJUDICE. 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 and t herefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 12/26/2017. Signed by Magistrate Judge Michael R. Merz on 12/11/2017. (kpf) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
11
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 9 ). (1) The petition be administratively STAYED and TERMINATED on the Court's active docket pending petitioner's exhaustion of his Ohio remedies. The stay should be conditioned on petitioners filing a motion to reinstate the case on this Court's active docket within 30 days after fully exhausting his state court remedies through the requisite levels of state appellate review. P etitioner should be granted leave to reinstate the case on the Court's active docket when he has exhausted his Ohio remedies based on a showing that he has complied with the conditions of the stay. The Court should withhold judgment on petitione r's motion to amend until petitioner moves the Court to reinstate the case after having had the opportunity to exhaust his state court remedies; (2) A certificate of appeal ability should not issue; and (3) that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith," and therefore DENY petitioner leave to appeal in forma pauperis. Signed by Judge Timothy S. Black on 12/30/2013. (mr1)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Fite v. Warden, Ross Correctional Institution | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Donovan Fite | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Warden, Ross Correctional Institution | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
