Sweeting v. Warden, Southern Ohio Correctional Facility

Justia Dockets & Filings Sixth Circuit Ohio Southern District Sweeting v. Warden, Southern Ohio Correctional Facility

Sweeting v. Warden, Southern Ohio Correctional Facility

Petitioner:	Derrick Sweeting
Respondent:	Warden, Southern Ohio Correctional Facility
Case Number:	1:2018cv00029
Filed:	January 16, 2018
Court:	US District Court for the Southern District of Ohio
Office:	Cincinnati Office
County:	SCIOTO
Presiding Judge:	Susan J. Dlott
Presiding Judge:	Karen L. Litkovitz
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
April 16, 2019	Filing 25 DECISION AND ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS. Petitioner's objections (docs. 23 & 24 ) are OVERRULED. Petitioner is denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be o bjectively frivolous and therefore should not be permitted to proceed in forma paperis. Signed by Judge Susan J. Dlott on 4/15/19. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 29, 2019	Filing 22 REPORT AND RECOMMENDATIONS - Petitioner has not rebutted Respondent's claim of procedural default or offered any cause and prejudice to excuse those defaults. It is therefore recommended that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner 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 per mitted to proceed in forma pauperis. Objections to R&R due by 4/12/2019. Signed by Magistrate Judge Michael R. Merz on 3/28/2019. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Date Filed

Document Text

April 16, 2019

Filing 25 DECISION AND ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS. Petitioner's objections (docs. 23 & 24 ) are OVERRULED. Petitioner is denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be o bjectively frivolous and therefore should not be permitted to proceed in forma paperis. Signed by Judge Susan J. Dlott on 4/15/19. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

March 29, 2019

Filing 22 REPORT AND RECOMMENDATIONS - Petitioner has not rebutted Respondent's claim of procedural default or offered any cause and prejudice to excuse those defaults. It is therefore recommended that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner 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 per mitted to proceed in forma pauperis. Objections to R&R due by 4/12/2019. Signed by Magistrate Judge Michael R. Merz on 3/28/2019. (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: Derrick Sweeting
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Respondent: Warden, Southern Ohio Correctional Facility
Represented By:	William H Lamb
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