Smith v. Warden, London Correctional Institute
Case Number: 1:2019cv00298
Filed: October 23, 2020
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 23, 2024 Opinion or Order Filing 52 ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 51 ): The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael R. Merz (Doc. 51 ), to whom this case is referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court hereby ADOPTS said Report and Recommendation in its entirety. Accordingly, the Court ORDERS the following: 1. Petitioner's Petition (Doc. 1 ) and Supplemental Petition (Doc. 45 ) are DISMISSED WITH PREJUDICE; 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a), that any appeal of this Order would not be taken in good faith and that Plaintiff should be denied leave to appeal in forma pauperis; and 3. This case is TERMINATED from the Court's docket. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 04/23/2024. (kaf)
March 12, 2024 Opinion or Order Filing 51 REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a certifica te 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 3/26/2024. Signed by Magistrate Judge Michael R. Merz on 3/12/2024. (kpf)
March 2, 2023 Opinion or Order Filing 46 ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 43 ): 1. Petitioner's motions to reinstate this matter (Docs. 36 , 39 , 41 ) are GRANTED; 2. The October 23, 2020 Order administratively staying this action and termin ating this case on the Court's active docket (Docs. 30 , 31 ) is VACATED; 3. This matter is REINSTATED to this Court's active docket; 4. Petitioner SHALL FILE a supplement to his Petition within 30 days of this Order; 5. Respondent SHALL FILE a supplement to the State Court Record and Supplemental Return of Writ within 60 days of Petitioner's supplement to his Petition; 6. Petitioner MAY FILE a Traverse/Reply within 21 days of Respondent's Supplemental Return of Writ. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/02/2023. (kaf)
February 2, 2023 Opinion or Order Filing 43 REPORT AND RECOMMENDATIONS - The Undersigned therefore RECOMMENDS that Petitioners motions to reinstate this matter (Doc. 36 , 39 , 41 ) be GRANTED; that this Courts October 23, 2020 Order administratively staying the action and terminating the ca se on the Courts active docket (Doc. 30 , 31 ) be VACATED; and that this matter be REINSTATED to this Courts active docket. The Undersigned further RECOMMENDS that the Court set the following briefing schedule: 1. Petitioner shall file a supplemen t to his Petition within 30 days of the Courts Order reinstating the case. 2. Respondent shall file a supplement to the State Court Record and Supplemental Return of Writ within 60 days of Petitioners supplement to his Petition. 3. Petition may fil e a Traverse/Reply within 21 days of Respondents Supplemental Return of Writ. Petitioners counsel is DIRECTED to communicate with Petitioner about the copies he requests in Doc. 42. Objections to R&R due by 2/16/2023. Signed by Magistrate Judge Karen L. Litkovitz on 02/01/2023. (bjc)
October 23, 2020 Opinion or Order Filing 30 ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 29 ), ADMINISTRATIVELY STAYING THE CASE, AND TERMINATING CASE FROM ACTIVE DOCKET. Signed by Judge Matthew W. McFarland on 10/23/2020. (kaf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Access additional case information on PACER

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 this case: Smith v. Warden, London Correctional Institute
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | 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.

Why Is My Information Online?