Gerth v. Warden, Allen Oakwood Correctional Institution
| Mark Gerth |
| Warden, Allen Oakwood Correctional Institution |
| 1:2016cv00598 |
| May 31, 2016 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| Stephanie K. Bowman |
| Susan J. Dlott |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
23
DECISION AND ORDER OVERRULING the Objections of both Petitioner and the Respondent. TheClerk will enter judgment dismissing the Petition with prejudice. Petitioner is GRANTED acertificate of appealability on his Faretta claim, but a certificate of appealability is DENIED onall other claims. Petitioner has leave to appeal in forma pauperis.. Signed by Judge Susan J. Dlott on 10/6/17. (wam)
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Filing
19
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again recommended that the Petition be DISMISSED WITH PREJUDICE. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability except as to his Faretta claim. He should be permitted to proceed in forma pauperis on appeal. Objections to R&R due by 9/28/2017. Signed by Magistrate Judge Michael R. Merz on 9/14/2017. (kpf)
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Filing
14
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition be dismissed 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 therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 8/21/2017. Signed by Magistrate Judge Michael R. Merz on 8/7/2017. (kpf)
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| Petitioner: Mark Gerth | |
| Represented By: | Kort W Gatterdam |
| Represented By: | Erik P Henry |
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| Respondent: Warden, Allen Oakwood Correctional Institution | |
| Represented By: | Mary Anne Reese |
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