Hobbs v. Warden, Madison Correctional Institution
Petitioner: Ryan Hobbs
Respondent: Warden, Madison Correctional Institution
Case Number: 1:2013cv00928
Filed: December 27, 2013
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: WARREN
Presiding Judge: Stephanie K. Bowman
Presiding Judge: S Arthur Spiegel
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
January 3, 2024 Opinion or Order Filing 108 DECISION AND ORDER. Signed by Judge Timothy S. Black on 1/3/2024. (rrs)
October 2, 2023 Opinion or Order Filing 105 REPORT AND RECOMMENDATIONS - The Order denying the Motion for Default Judgment (ECF No. 97) is void and is withdrawn. Petitioner's first and second Motions for Default Judgment should be denied. Objections to R&R due by 10/16/2023. Signed by Magistrate Judge Michael R. Merz on 9/29/2023. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 1, 2023 Opinion or Order Filing 99 DECISION AND ORDER DENYING MOTION FOR LEAVE TO FILE UNDER SEAL 94 . Signed by Magistrate Judge Michael R. Merz on 9/1/2023. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 26, 2019 Opinion or Order Filing 86 REPORT AND RECOMMENDATIONS - It is respectfully recommended that Petitioner's instant Motion for Relief from Judgment (ECF No. 80) be DENIED. Objections to R&R due by 7/10/2019. Signed by Magistrate Judge Michael R. Merz on 6/26/2019. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 26, 2019 Opinion or Order Filing 84 DEFICIENCY ORDER - This case is before the Court on Petitioners filing of a Notice of Appeal (ECF No. 78 ) which was not accompanied by the appellate filing fee of $505.00. Pursuant to McGore v. Wrigglesworth, 114 F. 3d 601 (1997), it is here by ORDERED that Petitioner pay the filing fee of $505.00 not later than April 15, 2019, to the Clerk of this Court, OR file by that date with the Sixth Circuit a motion to proceed on appeal in forma pauperis. Failure to pay the filing fee or fil e a motion to proceed in forma pauperis with supportingdocuments with the Sixth Circuit (1) may result in dismissal of the appeal for failure to prosecute and (2) will result in this Courts assessing the entire filing fee against Petitioner. If the a ppeal is dismissed for failure to prosecute, it will not be reinstated despite subsequent payment or filing of the in forma pauperis application. The Clerk shall certify a copy of this Order to the Sixth Circuit Court of Appeals.. Signed by Magistrate Judge Michael R. Merz on 3/26/19. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 1, 2019 Opinion or Order Filing 76 DECISION AND ENTRY adopting the Initial and Supplement Report and Recommendations re 45 Report and Recommendations re 29 ; denying 28 Motion to Set Aside Judgment;. Signed by Judge Timothy S. Black on 3/1/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 11, 2018 Opinion or Order Filing 68 RESPONSE AND DECLARATION to Petitioner's Motion to hold the undersigned in contempt of court for failure to obey District Judge Black's Recommittal Order (ECF No. 33). Signed by Magistrate Judge Michael R. Merz on 10/10/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 28, 2018 Opinion or Order Filing 57 DECISION AND ORDER ON MOTION FOR RECONSIDERATION 47 . Signed by Magistrate Judge Michael R. Merz on 9/28/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 19, 2018 Opinion or Order Filing 45 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - In sum, Hobbs has not shown entitlement to relief from his habeas corpus judgment on the basis of fraud on the court by Attorney Jaite. Absent that showing, this Court has no authority in a habeas corpus ca se to grant relief from the underlying criminal conviction. Objections to R&R due by 10/3/2018. Signed by Magistrate Judge Michael R. Merz on 9/19/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 13, 2018 Opinion or Order Filing 40 ORDER - Petitioner's renewed Motion to Stay Proceedings (ECF No. 38) and Motion for Discovery (ECF No. 39) are denied. Signed by Magistrate Judge Michael R. Merz on 9/13/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 29, 2018 Opinion or Order Filing 34 DECISION AND ORDER FINDING MOTION TO STAY PROCEEDINGS MOOT 32 . Signed by Magistrate Judge Michael R. Merz on 8/29/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 8, 2018 Opinion or Order Filing 29 REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT 28 - Because the Court had jurisdiction to enter judgment in this case, its judgment is not void. Therefore the Motion 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 and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 8/22/2018. Signed by Magistrate Judge Michael R. Merz on 8/8/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 18, 2015 Opinion or Order Filing 26 DECISION AND ENTRY: (1) ADOPTING THE SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 21 ); (2) DISMISSING WITH PREJUDICE PETITIONER'S PETITION FOR A WRIT OF HABEAS CORPUS (Doc. 3 ); (3) DENYING A CERTIFICATI ON OF APPEALABILITY; (4) DENYING AN APPLICATION TO PROCEED ON APPEAL IN FORMA PAUPERIS. Signed by Judge Timothy S. Black on 2/17/2015. (mr1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 20, 2015 Opinion or Order Filing 21 SUPPLEMENTAL REPORT AND RECOMMENDATIONS; DENIAL OF DISCOVERY AND MOTION FOR RECUSAL - The Magistrate Judge again concludes Petitioner has not proven an exception to the AEDPA statute of limitations, either statutory or equitable. Accordingly it is ag ain respectfully recommended the Petition be dismissed with prejudice as time barred and that Petitioner be denied a certificate of appealability. The Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and theref ore should not be permitted to proceed in forma pauperis. Objections to R&R due by 2/6/2015. Signed by Magistrate Judge Michael R Merz on 1/20/2015. (kpf1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 6, 2015 Opinion or Order Filing 17 REPORT AND RECOMMENDATIONS - Because Hobbs has not shown entitlement to equitable tolling, his habeas petition is barred by the statute of limitations and should be dismissed with prejudice. Because reasonable jurists would not disagree with this con clusion, 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 therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 1/23/2015. Signed by Magistrate Judge Michael R Merz on 1/6/2015. (kpf1)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Petitioner: Ryan Hobbs
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Respondent: Warden, Madison Correctional Institution
Represented By: Maura O'Neill Jaite
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