Pettus v. Warden, Franklin Medical Center
Petitioner: LaShawn R. Pettus
Respondent: Warden, Franklin Medical Center
Case Number: 1:2020cv00187
Filed: March 4, 2020
Court: US District Court for the Southern District of Ohio
Presiding Judge: Michael R Barrett
Referring Judge: Stephanie K Bowman
2 Judge: Michael R Merz
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2020 Opinion or Order Filing 16 Notation ORDER denying #15 Motion for Extension of Time to Answer for failure to comply with S.D. Ohio Civ. R. 7.3 without prejudice to renewal after compliance. Signed by Magistrate Judge Michael R. Merz on 05/01/2020. (MRM)
May 1, 2020 Filing 15 MOTION for Extension of Time to File Answer New date requested 7/2/2020. to Petition for Writ of Habeas Corpus by Respondent Warden, Franklin Medical Center. (Rosenberg, Hilda)
April 22, 2020 Opinion or Order Filing 14 Notation ORDER finding as moot #12 Objection to Magistrate Judge Order because Petitioner has filed Amended Objections (ECF No. 13)which he expressly says supersede these initial Objections.. Signed by Magistrate Judge Michael R. Merz on 04/22/2020. (MRM)
April 22, 2020 Filing 13 Amended Objection to #10 Report and Recommendation by Petitioner LaShawn R. Pettus. (Anzelmo, James) Modified Docket Text and Document Link on 4/23/2020 (bjc).
April 22, 2020 Filing 12 Objection to Magistrate Judge Order by Petitioner LaShawn R. Pettus. (Anzelmo, James)
April 9, 2020 Filing 11 NOTICE of Appearance by James Andrew Anzelmo for Petitioner LaShawn R. Pettus (Anzelmo, James)
April 8, 2020 Filing 10 REPORT AND RECOMMENDATIONS- Based on the foregoing analysis, it is respectfully recommended that the Emergency Application (ECF No. #2 ) be DENIED. Objections to R&R due by 4/22/2020. Signed by Magistrate Judge Michael R. Merz on 4/8/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 20, 2020 Opinion or Order Filing 9 DECISION AND ORDER DENYING RECUSAL: Because Petitioners Affidavit under 28 U.S.C, 144 is legally insufficient, his request for recusal is DENIED. re #8 Signed by Magistrate Judge Michael R. Merz on 3/20/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 19, 2020 Filing 8 AFFIDAVIT Pursuant to 28 U.S.C 144 in Re: Magistrate Judge Michael R. Merz and Request for Magistrate's Recusal by Petitioner LaShawn R. Pettus. (mdr)
March 13, 2020 Opinion or Order Filing 7 DECISION AND ORDER DENYING EMERGENCY MOTION FOR EVIDENTIARY HEARING- Accordingly, Petitioners Emergency Motion for an Evidentiary Hearing is DENIED without prejudice to its renewal after the state court record has been filed. In any renewal of the motion, Petitioner must set forth what evidence he expects to present at the requested hearing. Signed by Magistrate Judge Michael R. Merz on 3/12/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 12, 2020 Opinion or Order Filing 6 TRANSFER ORDER- With the consent of both of them, the Magistrate Judge reference in this case is transferred from Magistrate Judge Bowman to Magistrate Judge Merz. The case remains assigned to District Judge Barrett for final decision. Signed by Magistrate Judge Michael R. Merz on 3/12/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 6, 2020 Filing 5 NOTICE of Appearance by Hilda Rosenberg for Respondent Warden, Franklin Medical Center (Rosenberg, Hilda)
March 5, 2020 Opinion or Order Filing 4 ORDER FOR ANSWER signed by Magistrate Judge Stephanie K. Bowman on 03/05/2020. It is ORDERED that Respondent shall file an answer conforming to the requirements of Rule 5 of the Rules Governing 2254 Cases within sixty (60) days of the date of filing of this Order. (cb)(This document and copies of the petition and doc. #2 #3 have been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification and to the respondent. A copy of this order, petition, and the two emergency motions filed by petitioner also sent to the Ohio Attorney General at the email addresses listed in this order. )
March 4, 2020 Filing 3 MOTION for an Emergency Evidentiary Hearing by Petitioner LaShawn R. Pettus. (eh)
March 4, 2020 Filing 2 Emergency Application for Stay of Execution of State Prison Sentence [28 U.S.C. 2251] & Release on Own Recognizance Bond by Petitioner LaShawn R. Pettus. (eh)
March 4, 2020 Filing fee: $ 5.00, receipt number 100CIN038901 (eh)
March 4, 2020 Filing 1 PETITION for Writ of Habeas Corpus filed by LaShawn R. Pettus. (Attachments: #1 Ex. 1-17, #2 Civil Cover Sheet, #3 Filing Fee Receipt) (eh) Modified on 3/4/2020 (eh).

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Respondent: Warden, Franklin Medical Center
Represented By: Hilda Rosenberg
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Petitioner: LaShawn R. Pettus
Represented By: James Andrew Anzelmo
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