Blankenburg v. Warden, Belmont Correctional Institution
Petitioner: Mark Blankenburg
Respondent: Warden, Belmont Correctional Institution
Case Number: 1:2016cv00505
Filed: April 29, 2016
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: BELMONT
Presiding Judge: Michael R. Barrett
Presiding Judge: Karen L. Litkovitz
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 1651
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
January 9, 2019 Opinion or Order Filing 62 REPORT AND RECOMMENDATIONS - The Magistrate Judge incorporates his recommendation as to Ground One from the Interim Report and Recommendations, to wit, that it be dismissed with prejudice. Because Petitioner has acquiesced in that conclusion, the Court can adopt it without further analysis. Based on the analysis in this Report, the Magistrate Judge recommends Ground Two be dismissed with prejudice as well. Because reasonable jurists would not disagree with this conclusion, Petitioner shou ld 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 1/23/2019. Signed by Magistrate Judge Michael R. Merz on 1/9/2019. (srb)
March 22, 2018 Opinion or Order Filing 61 ORDER adopting Report and Recommendation re 43 Report and Recommendation denying 42 Motion for Reconsideration. Signed by Judge Michael R. Barrett on 3/21/18. (ba)
August 30, 2017 Opinion or Order Filing 43 REPORT AND RECOMMENDATIONS ON WARDEN'S MOTION FOR RECONSIDERATION OF RECOMMITTAL - The Court committed no error of law in recommitting the matter. Such recommittal is expressly authorized by Fed. R. Civ. P. 72. The Motion for Reconsideration should therefore be DENIED. Objections to R&R due by 9/13/2017. Signed by Magistrate Judge Michael R. Merz on 8/30/2017. (kpf)
August 9, 2017 Opinion or Order Filing 40 DECISION AND ORDER ON PETITIONER'S MOTION FOR DISCOVERY (ECF No. 33) - The permitted discovery shall be completed not later than October 1, 2017. Signed by Magistrate Judge Michael R. Merz on 8/9/2017. (kpf)
June 19, 2017 Opinion or Order Filing 26 INTERIM REPORT AND RECOMMENDATIONS - It is respectfully recommended that Blankenburg's First Ground for Relief be DISMISSED WITH PREJUDICE and the Second Ground for Relief be GRANTED to the extent of concluding that the state courts' deci sion is not a reasonable determination of the facts on the basis of the evidence presented. A final recommendation on Ground Two and on any certificate of appealability must await the outcome of an evidentiary hearing. Counsel for Petitioner shall promptly file a motion for such a hearing, stating which witnesses he would call and what their expected testimony would be. Objections to R&R due by 7/3/2017. Signed by Magistrate Judge Michael R. Merz on 6/19/2017. (kpf)
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Petitioner: Mark Blankenburg
Represented By: Christopher J Pagan
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Respondent: Warden, Belmont Correctional Institution
Represented By: William H Lamb
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