Rose v. Warden, Chillicothe Correctional Institution
| Jerry R. Rose |
| Warden, Chillicothe Correctional Institution |
| 1:2015cv00353 |
| May 28, 2015 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| ROSS |
| Sandra S Beckwith |
| Stephanie K. Bowman |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 1651 Petition for Writ of Habeas Corpus |
| None |
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The following documents for this case are available for you to view or download:
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Filing
59
ORDER denying 54 Motion for Certificate of Appealability; denying 56 Motion for Leave to Appeal in forma pauperis. Signed by Judge Timothy S. Black on 11/15/2018. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
50
ORDER: The Report and Recommendation (Doc. 47 ) is ADOPTED; The Objections (Doc. 48 ) are OVERRULED; The Petition, as amended, for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED with prejudice; Petitioners motion for preliminary injunction (Doc. 46 ) is DENIED; A certificate of appealability is DENIED; Pursuant to 28 U.S.C. § 1915(a)(3), the Court certifies that an appeal of this Order would not be taken in good faith, and Petitioner is DENIED leave to appeal in forma pauperis; and the Clerk shall issue judgment accordingly, whereupon this case is TERMINATED on the docket of this Court. Signed by Judge Timothy S. Black on 9/21/2018. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
47
ORDER AND REPORT AND RECOMMENDATIONS granting 33 Petitioner's Motion to Amend Habeas Corpus Petition. IT IS RECOMMENDED THAT: (1) The petition, as amended, for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 1 27 33 be DENIED with prejudice; (2) In light of the Court's recommendation to deny with prejudice petitioner's amended habeas petition, petitioner's motion for preliminary injunction 46 be DENIED; (3) A certificate of appealability should not issue with respect to the claim alleged in the petition, which this Court has concluded is waived and thus procedurally barred from review; (4) With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursuant to 28 U.S.C. § 1915(a)(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 upon a showing of financial necessity. Objections to R&R due by 4/5/2018. Signed by Magistrate Judge Stephanie K. Bowman on 3/22/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
40
DECISION AND ENTRY Adopting 31 Report and Recommendations of the United States Magistrate Judge and Overruling Respondent's Objections (Doc. 32). Signed by Judge Timothy S. Black on 9/20/17. (gs) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
19
ORDER granting in part and denying in part 4 Motion ; adopting in part Report and Recommendations re 15 Report and Recommendations.; granting in part and denying in part 18 Objection to Magistrate Judge Order. Claims Two and Four of the petition are transferred to the Court of Appeals. Signed by Judge Sandra S Beckwith on 3/22/16. (mb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Petitioner: Jerry R. Rose | |
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| Respondent: Warden, Chillicothe Correctional Institution | |
| Represented By: | William H Lamb |
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