Boles v. Warden, Chillicothe Correctional Institution
Petitioner: Patrick Boles
Respondent: Warden, Chillicothe Correctional Institution
Case Number: 1:2014cv00903
Filed: November 25, 2014
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: ROSS
Presiding Judge: Sandra S Beckwith
Presiding Judge: Karen L. Litkovitz
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 29, 2021 Opinion or Order Filing 80 ORDER adopting Report and Recommendation re 72 Report and Recommendation dismissing with prejudice. Signed by Judge Michael R. Barrett on 3/29/21. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 4, 2021 Opinion or Order Filing 72 REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Amended Petition herein be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be d enied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 2/18/2021. Signed by Magistrate Judge Michael R. Merz on 2/4/2021. (kpf)
January 15, 2021 Opinion or Order Filing 70 ORDER adopting Report and Recommendations re 55 67 Report and Recommendations; to the extent that Respondent objects to the Magistrate Judge's 7/16/2020 Decision and Order granting in part and denying in part Petitioner's 45 Motion f or Discovery and an Evidentiary Hearing, those objections are SUSTAINED. It is hereby ORDERED that Petitioner's 39 Motion for Discovery and an Evidentiary Hearing is DENIED in its entirety. Signed by Judge Michael R. Barrett on 1/15/2021. (ba)
January 30, 2019 Opinion or Order Filing 67 REPORT AND RECOMMENDATIONS - Conclusion: Based on the foregoing analysis, the Magistrate Judge again concludes Petitioner is not entitled to depose his appellate attorney, Shawn Hooks, on matters beyond those authorized in the previous Decision. Objections to R&R due by 2/13/2019. Signed by Magistrate Judge Michael R. Merz on 1/30/2019. (srb)
August 21, 2018 Opinion or Order Filing 55 REPORT AND RECOMMENDATIONS - Boles has not shown cause to excuse his late filing of the 26(B) Application. Therefore, his Grounds for Relief claiming ineffective assistance of appellate counsel are procedurally defaulted and cannot properly be the basis of discovery. It is therefore respectfully recommended that Petitioner's Objections be OVERRULED. Objections to R&R due by 9/4/2018. Signed by Magistrate Judge Michael R. Merz on 8/20/2018. (kpf)
July 18, 2018 Opinion or Order Filing 48 DECISION AND ORDER ON PETITIONER'S SECOND MOTION TO EXPAND THE RECORD 42 signed by Magistrate Judge Michael R. Merz on 7/18/2018. (kpf)
July 16, 2018 Opinion or Order Filing 45 DECISION AND ORDER ON PETITIONER'S MOTION FOR DISCOVERY AND AN EVIDENTIARY HEARING 39 . Signed by Magistrate Judge Michael R. Merz on 7/16/2018. (kpf)
June 18, 2018 Opinion or Order Filing 37 NOTICE OF THE POSSIBILITY OF CONSENT TO PLENARY MAGISTRATE JUDGE JURISDICTION - Not later than June 25, 2018, counsel shall communicate their decision on whether or not to consent to plenary magistrate judge jurisdiction to Deputy Clerk Kelly Kopf at 937-512-1550. Consent must be unanimous and Ms. Kopf will notify the Magistrate Judge and District Judge Barrett only if consent is unanimous. Signed by Magistrate Judge Michael R. Merz on 6/18/2018. (kpf)
May 22, 2018 Opinion or Order Filing 31 ORDER granting petitioner's 30 Motion for court to set filing deadline of 6/20/2018 in which to file its reply memorandum in response to respondent's return of writ 29 . Signed by Magistrate Judge Karen L. Litkovitz on 5/22/2018. (art)
January 12, 2016 Opinion or Order Filing 19 ORDER adopting Report and Recommendation 16 ; denying the motion to dismiss; granting the motion to stay; administratively closing case pending exhaustion of state court remedies. A certificate of appealability will not issue. Petitioner is denied leave to appeal IFP. Signed by Judge Sandra S Beckwith on 1/12/16. (mb)
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Petitioner: Patrick Boles
Represented By: Lawrence Joseph Greger
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Respondent: Warden, Chillicothe Correctional Institution
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