Patrick v. Warden, Lebanon Correctional Institution
Petitioner: David Michael Patrick
Respondent: Warden, Lebanon Correctional Institution
Case Number: 1:2016cv01029
Filed: October 26, 2016
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: WARREN
Presiding Judge: Susan J. Dlott
Presiding Judge: Karen L. Litkovitz
Nature of Suit: General
Cause of Action: 28:2254
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
September 6, 2017 Opinion or Order Filing 11 ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS: Respondents motion to dismiss (Doc. 5) is GRANTED and petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 (Doc. 1) isDISMISSED with prejudice to refiling after petitioner exhausts his state court remedies. Signed by Judge Susan J. Dlott on 9/6/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 8, 2017 Opinion or Order Filing 10 REPORT AND RECOMMENDATION that respondent's 5 MOTION to Dismiss be Granted and that the 1 Petition for Writ of Habeas Corpus be Dismissed without prejudice on the ground that petitioner has failed to exhaust the available remedy of a del ayed 26(B) application to the Ohio Court of Appeals. A certificate of appealability should not issue in this matter. Any appeal of this matter would not be taken in good faith, and therefore Deny petitioner leave to appeal in forma pauperis. Objections to R&R due by 8/22/2017. Signed by Magistrate Judge Karen L. Litkovitz on 8/8/2017. (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: David Michael Patrick
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Respondent: Warden, Lebanon Correctional Institution
Represented By: Jerri Lynne Fosnaught
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