Taylor v. Warden, Noble Correctional Institution
| Darryl Taylor |
| Warden, Noble Correctional Institution |
| 1:2017cv00267 |
| April 21, 2017 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| NOBLE |
| Michael R. Barrett |
| Stephanie K. Bowman |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
22
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections, the Magistrate Judge again concludes it should be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petit ioner 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 8/7/2018. Signed by Magistrate Judge Michael R. Merz on 7/24/2018. (kpf)(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
21
ORDER adopting Report and Recommendation re 16 Report and Recommendation granting 15 Motion for Reconsideration and vacating 12 Clerk's Judgment. Signed by Judge Michael R. Barrett on 7/19/18. (ba)(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
18
ORDER; SUBSTITUTED REPORT AND RECOMMENDATIONS- This habeas corpus case is before the Court on Petitioners Motion to Alter or Amend the Judgment under Fed. R. Civ. P. 59(e)(ECF No. 17 ). Accompanying the Motion is proofsatisfactory to the Magistrate Judge that the Report and Recommendations filed May 17, 2018 (ECF No. 10 ) were not mailed to the Petitioner until May 21, 2018. Based on that mailing date, Petitioners Motion for Extension of Time (ECF No. 13 ) was timely deposited in the prison mail system because the deposit occurred on June 5, 2018. Accordingly, the Order Denying Motion forExtension of Time (ECF No. 14 ) is VACATED and the Report and Recommendations on Motion for Reconsideration (ECF No. 16 ) is WITHDRAWN. In place of t he withdrawn Report, the Magistrate Judge respectfully recommends that thejudgment herein (ECF No. 12 ) be reopened. In the expectation that that will happen, Petitioner is granted thirty days from todays date or until July 26, 2018, to file substan tive objections to the Report and Recommendations of May 17, 2018 (ECF No. 10 ). Objections to R&R due by 7/10/2018. Signed by Magistrate Judge Michael R. Merz on 6/26/18. (kma)(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
16
REPORT AND RECOMMENDATIONS ON MOTION FOR RECONSIDERATION - Because the Court did not cut short Petitioner's time to object, his Motion for Reconsideration is not well taken and should be denied. As the Magistrate Judge had previously advised Petitioner, if he has substantive objections to the decision dismissing his Petition, he can file a motion to amend the judgment not later than July 5, 2018, but that is a date the Court cannot extend. Objections to R&R due by 7/3/2018. Signed by Magistrate Judge Michael R. Merz on 6/19/2018. (kpf)(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
11
ORDER adopting Report and Recommendation re 10 Report and Recommendation that the Petition is dismissed with prejudice. Signed by Judge Michael R. Barrett on 6/7/18. (ba)(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
10
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition herein bedismissed with prejudice. Because reasonable jurists would not disagree with this conclusion,Petitioner should be denied a certificate of appealability and the Cou rt should certify to the SixthCircuit that any appeal would be objectively frivolous and therefore should not be permitted toproceed in forma pauperis. Objections to R&R due by 5/31/2018. Signed by Magistrate Judge Michael R. Merz on 5/17/2018. (kpf)(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: Darryl Taylor | |
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| Respondent: Warden, Noble Correctional Institution | |
| Represented By: | Hilda Rosenberg |
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