Middlebrook v. Warden Hocking Correctional Facility
Petitioner: Terrance Middlebrook
Respondent: Warden Hocking Correctional Facility
Case Number: 1:2016cv00694
Filed: May 12, 2016
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: HOCKING
Presiding Judge: Timothy S. Black
Presiding Judge: Karen L. Litkovitz
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 11, 2017 Opinion or Order Filing 13 DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 12 ). Signed by Judge Timothy S. Black on 1/11/2017. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 14, 2016 Opinion or Order Filing 12 REPORT AND RECOMMENDATION that respondent's 10 MOTION to Dismiss be Denied and, instead, that the instant 6 Petition for Writ of Habeas Corpus be administratively Stayed and Terminated on the Court's active docket pending petitioner� 39;s exhaustion of his ineffective-assistance-of-appellate-counsel claim in the state courts. The stay should be conditioned on petitioner's (1) filing a delayed reopening application under ORAR 26(B) with the Ohio Court of Appeals, First Appel late District, within (30) days of entry of any Order adopting this Report and Recommendation; and (2) filing a motion to reinstate the case on this Court's active docket within (30) days after fully exhausting the state-court remedy. Petitione r should be granted leave to reinstate the case on the Court's active docket when he has exhausted his ineffective-assistance-of-appellate-counsel claim in the state courts based on showing that he has complied with the conditions of the stay. Objections to R&R due by 12/28/2016. Signed by Magistrate Judge Karen L. Litkovitz on 12/14/2016. (art)(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: Terrance Middlebrook
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Respondent: Warden Hocking Correctional Facility
Represented By: Mary Anne Reese
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