Hendrix v. Warden, Lebanon Correctional Insititution
| D'Jango Hendrix |
| Warden, Lebanon Correctional Insititution |
| 1:2017cv00623 |
| September 15, 2017 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| Timothy S. Black |
| Stephanie K. Bowman |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
133
OPINION AND ORDER adopting 88 Report and Recommendation and 107 Supplemental Report and Recommendation and overruling 105 and 116 Hendrix's objections. The Court dismisses 1 Hendrix's habeas petition with prejudice. Accordingly, the Court denies Hendrix a certificate of appealability under 28 U.S.C. § 2253(c) as to all claims because reasonable jurists could not disagree with the Court's adjudication of Hendrix's habeas claims. Signed by Judge Douglas R. Cole on 4/19/24. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
126
DECISION AND ORDER - Petitioner's Motion for Stay and Abeyance (ECF No. 117) is DENIED. Signed by Magistrate Judge Michael R. Merz on 3/14/2024. (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
107
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Conclusion:Based on the foregoing analysis and that in the original Report, the Magistrate Judge again respectfully recommends the Petition 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 7/21/2023. Signed by Magistrate Judge Michael R. Merz on 7/6/2023. (srb)(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
98
AMENDED DECISION AND ENTRY ON RESPONSE TO ORDER FOR CLARIFICATION - Petitioner's Motion for Leave to Re-Cast Motion for Reconsideration as Objections to Magistrate Judge's April 28, 2023 Decision (ECF No. 95) is DENIED and Petitioner's Objections to the Magistrate Judge's April 28, 2023 Decision and Order Denying Motions for Leave to Amend, to Expand the Records, and to Conduct Discovery (ECF No. 96) is STRICKEN. Signed by Magistrate Judge Michael R. Merz on 5/23/2023. (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
97
DECISION AND ENTRY ON RESPONSE TO ORDER FOR CLARIFICATION - Accordingly, it is hereby ORDERED that the Clerk amend the docket for ECF No. 91 to read Petitioners Objections to April 28, 2023, 87 Order on Motion for Leave to Amend, to Expand the Re cord and to Conduct Discovery by Petitioner D'Jango Hendrix. Petitioner also requests to be allowed to add the proper Objections headings. The request is denied. Adding headings is unnecessary. The Motion for Reconsideration was filed within th e time allowed for objections and granting the requests runs the risk of confusion of the issues already presented. Signed by Magistrate Judge Michael R. Merz on 5/19/23. (pb)(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
88
REPORT AND RECOMMENDATIONS - The Magistrate Judge recommends 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 appe alability 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 5/19/2023. Signed by Magistrate Judge Michael R. Merz on 5/5/2023. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
87
DECISION AND ORDER DENYING MOTIONS FOR LEAVE TO AMEND, TO EXPAND THE RECORD, AND TO CONDUCT DISCOVERY. Signed by Magistrate Judge Michael R. Merz on 4/27/2023. (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
78
DECISION AND ORDER - Petitioner's Amended Petition (ECF No. 77) was improperly filed and it is STRICKEN. The Magistrate Judge has read Petitioner's motion for its reconsideration or stay (ECF No. 76) and is not persuaded. Signed by Magistrate Judge Michael R. Merz on 4/6/2023. (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
72
DECISION AND ORDER - Petitioner's Motion to strike his appeal to Judge Cole for an extension of time until April 7, 2023, to file his Traverse (ECF No. 71) is GRANTED because the appeal (ECF No. 69) is moot. Petitioner has not shown any diligen ce in filing additional motions and leave to do so is DENIED. Signed by Magistrate Judge Michael R. Merz on 3/31/2023. (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
66
DECISION AND ORDER - Acknowledging Petitioner's need to re-type his traverse, his time for filing that document is extended to and including April 1, 2023. No further extensions of time to file a traverse will be granted. The Court declines to set deadlines for the other motions Petitioner proposes to file, but will consider Petitioners diligence or lack thereof in deciding any additional motions filed in the case. Signed by Magistrate Judge Michael R. Merz on 1/27/2023. (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
64
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Emergency Motion 63 be DENIED. 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 2/8/2023. Signed by Magistrate Judge Michael R. Merz on 1/25/2023. (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
40
DISSOLVING STAY 38 - Respondent is ordered to supplement the State Court Record not later than August 1, 2022 and Respondent may file an amended return of writ not later than the same date. Petitioner's deadline to file a reply is set at t wenty-one days after the supplemented State Court Record is filed. Signed by Magistrate Judge Michael R. Merz on 6/13/2022. (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
37
DECISION AND ENTRY adopting the Report and Recommendation of the United States Magistrate Judge (Doc. 36 ). Signed by Judge Timothy S. Black on 8/31/2021. (rrs)
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Filing
20
ORDER granting Petitioner's 18 Motion to Reinstate Habeas Action. Signed by Judge Timothy S. Black on 4/2/2020. (rrs)
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Filing
15
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 14 ). Signed by Judge Timothy S. Black on 9/4/18. (jlm)(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
14
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus, 2 Petitioner's Motion to Hold in Abeyance. IT IS RECOMMENDED THAT: (1) The petition 1 be administratively STAYED and TERMINATED on the Court's active docket pendin g petitioner's exhaustion of his Ohio remedies. The stay should be conditioned on petitioner's filing a motion to reinstate the case on this Court's active docket within thirty (30) days after fully exhausting his state court remedies through the requisite levels of state appellate review. Petitioner should be granted leave to reinstate the case on the Court's active docket when he has exhausted his Ohio remedies based on a showing that he has complied with the conditions of the stay; (2) A certificate of appealability should not issue; (3) With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adop ting this Report and Recommendation would not be taken in "good faith," and therefore DENY petitioner leave to appeal in forma pauperis. Objections to R&R due by 8/14/2018. Signed by Magistrate Judge Stephanie K. Bowman on 7/31/2018. (km)(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: D'Jango Hendrix | |
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| Respondent: Warden, Lebanon Correctional Insititution | |
| Represented By: | Mary Anne Reese |
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