Finnell v. Warden, Lebanon Correctional Institution
| Kyle Finnell |
| Warden, Lebanon Correctional Institution |
| 1:2017cv00268 |
| April 24, 2017 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| WARREN |
| Michael R. Barrett |
| Karen L. Litkovitz |
| General |
| 28 U.S.C. ยง 2254 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
225
DECISION AND ORDER ON RECONSIDERATION OF ORDER DENYING MOTIONS FOR SECOND COPY OF STATE COURT RECORD AND APPOINTMENT OF COUNSEL signed by Magistrate Judge Michael R. Merz on 3/25/2024. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
218
DECISION AND ORDER DENYING MOTIONS FOR SECOND COPY OF STATE COURT RECORD AND APPOINTMENT OF COUNSEL 216 217 . Signed by Magistrate Judge Michael R. Merz on 3/11/2024. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
213
DECISION AND ORDER - Petitioner's filing labeled Affirmative Defense Of Lack Of Subject Matter Jurisdiction (ECF No. 211) relating to a supposed affirmative defense is denied without prejudice to its renewal by way of a motion to amend. Signed by Magistrate Judge Michael R. Merz on 3/5/2024. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
207
DECISION AND ORDER DENYING MOTION TO ADD AFFIRMATIVE DEFENSE. Signed by Magistrate Judge Michael R. Merz on 2/20/2024. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
199
AMENDED OPINION AND ORDER overruling 102 Finnell's 3/23/23 Objection, 128 6/23/23 Objection, 160 9/12/23 Objection, and 185 12/1/23 Objection. Signed by Judge Douglas R. Cole on 1/19/24. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
198
OPINION AND ORDER overruling 102 Finnell's 3/23/23 Objection, 128 6/23/23 Objection, 160 9/12/23 Objection, and 185 12/1/23 Objection. Signed by Judge Douglas R. Cole on 1/18/24. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
196
DECISION AND ORDER DENYING EXTENSION OF STAY. Signed by Magistrate Judge Michael R. Merz on 1/10/2024. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
181
DECISION AND ORDER VACATING STAY. Signed by Magistrate Judge Michael R. Merz on 11/22/2023. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
177
DECISION AND ORDER GRANTING 175 MOTION TO EXTEND TIME, New date requested 11/27/2023; denying re 175 MOTION for Reconsideration re 174 Order filed as to Kyle Finnell. Signed by Magistrate Judge Michael R. Merz on 11/21/23. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
154
DECISION AND ORDER DENYING PETITION 153 . Signed by Magistrate Judge Michael R. Merz on 9/5/2023. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
133
ORDER STRIKING DOCUMENT - Petitioner's unlabeled document (ECF No. 132) which the Clerk has docketed as Contemplation is STRICKEN. Signed by Magistrate Judge Michael R. Merz on 7/10/2023. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
124
DECISION AND ORDER - The Report and Recommendations (ECF No. 58) and the Supplemental Report (ECF No. 68) are WITHDRAWN without prejudice to either party's position on the merits. Petitioner's deadline to file a motion to amend to add his juror misconduct claims is July 1, 2023. Petitioner's motion to extend his time to respond to Respondent's Response to the Show Cause Order (ECF No. 122) is DENIED. Signed by Magistrate Judge Michael R. Merz on 6/15/2023. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
104
DECISION AND ORDER - It is ORDERED that Respondent file, not later than May 26, 2023, a status report regarding the new trial proceedings with docket sheets since the last status report. Signed by Magistrate Judge Michael R. Merz on 5/16/2023. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
101
DECISION AND ORDER DENYING SECOND PETITION TO CHALLENGE SUBJECT MATTER JURISDICTION 100 . Signed by Magistrate Judge Michael R. Merz on 3/20/2023. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
93
SUPPLEMENTAL MEMORANDUM OPINION ON "PETITION TO CHALLENGE SUBJECT MATTER JURISDICTION" - Upon reconsideration, the Magistrate Judge concludes Finnell's Objections are without merit and should be overruled. Signed by Magistrate Judge Michael R. Merz on 12/15/2021. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
90
DECISION AND ORDER DENYING PETITION 89 . Signed by Magistrate Judge Michael R. Merz on 12/1/2021. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
68
SUPPLEMENTAL REPORT AND RECOMMENDATIONS; DECISION AND ORDER DENYING MOTION TO AMEND - The Magistrate Judge again recommends that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, it is al so recommended that Petitioner be denied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 3/17/2021. Signed by Magistrate Judge Michael R. Merz on 3/3/2021. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
58
REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Petition herein be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 2/8/2021. Signed by Magistrate Judge Michael R. Merz on 1/22/2021. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
57
ORDER DISSOLVING STAY OF PROCEEDINGS - The stay of these proceedings is DISSOLVED and the Magistrate Judge will render a report and recommendations on the basis of the record as already filed. Signed by Magistrate Judge Michael R. Merz on 1/19/2021. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
52
ORDER adopting Report and Recommendation re 50 Report and Recommendation denying 46 Motion for TRO/Preliminary Injunction. Signed by Judge Michael R. Barrett on 11/3/20. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
50
REPORT AND RECOMMENDATIONS - Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order 46 should be denied. Objections to R&R due by 10/27/2020. Signed by Magistrate Judge Michael R. Merz on 10/13/2020. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that do not receive electronic notification.)
|
|
Filing
42
DECISION AND ORDER DENYING RELEASE ON PERSONAL OWN RECOGNIZANCE BOND- The Magistrate Judge accepts as true Finnells claim that as a prisoner in the Ohio prison system, he is at a higher risk of infection during the pandemic that members of the genera l population. But that does not set him apart from everyone else who is incarcerated; he does not provide any facts indicating he is at a higher risk of infection or serious consequences from infection than other prisoners. Nor has Finnell shown that his right to relief in this case is clear. Accordingly, the Motion is DENIED. re 41 Signed by Magistrate Judge Michael R. Merz on 5/1/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
39
DECISION AND ORDER- The Motion purports to be directed to void judgments, but does not identify what judgments Petitioner is referring to. There are no judgments yet in this case. If Petitioner is referring to allegedly void state court judgments, th at is a question for consideration on the merits of the Petition. Petitioner cites nineteenth century Supreme Court precedent on granting state prisoners relief from criminal judgments entered by courts without jurisdiction by habeas corpus or writ o f error. The writ of error has been abolished. Granting relief by writ of habeas corpus requires that the petitioner exhaust state court remedies or show that the remedy is futile. Petitioner has not yet done either. The Motion to Vacate Void Judgments is DENIED.. Signed by Magistrate Judge Michael R. Merz on 3/26/2020. re 38 (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
37
ORDER CONCERNING STATUS OF THE CASE- The pre-existing stay in this case in this case (ECF No. 19 ) remains in place as does the order for periodic status reports. It would be premature for this Court to decide the extent to which the dismissal of th e complaint in prohibition constitutes a decision on the merits of Petitioners jurisdictional issues until completion of the new trial proceedings and any appeal from any adverse decision by either party.. Signed by Magistrate Judge Michael R. Merz on 3/5/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
35
DECISION AND ORDER- Accordingly, Petitioners motion to continue the stay pending exhaustion of his lack of jurisdiction claim is DENIED without prejudice to its renewal if Petitioner furnishes this Court with the petition. Signed by Magistrate Judge Michael R. Merz on 2/26/2020. re 34 (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
3
REPORT AND RECOMMENDATION that petitioner's 1 petition for a writ of habeas corpus should be Dismissed for lack of prosecution. Objections to R&R due by 6/26/2017. Signed by Magistrate Judge Karen L. Litkovitz on 6/12/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Finnell v. Warden, Lebanon Correctional Institution | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Kyle Finnell | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Warden, Lebanon Correctional Institution | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
