Khamisi v. Neil
Case Number: 1:2020cv00286
Filed: June 30, 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)
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Date Filed Document Text
October 14, 2022 Opinion or Order Filing 41 DECISION AND ENTRY adopting the Report and Recommendations of the United States Magistrate Judge (Doc. 37 ). Signed by Judge Timothy S. Black on 10/13/2022. (rrs)
December 13, 2021 Opinion or Order Filing 37 REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED THAT: (1) Petitioner's claims pertaining to her state court trial and convictions be DENIED WITH PREJUDICE and her claims regarding her community-release conditions be DISMISSED WITHOUT PRE JUDICE as moot; (2) A certificate of appealability should not issue with respect to the claims alleged in the petition because petitioner has not stated a "viable claim of the denial of a constitutional right," nor are the issues presented "adequate to deserve encouragement to proceed further;" (3) With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify that an appeal of any Order adopting this Report and Recommendation w ould not be taken in "good faith," and, therefore, should DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 12/27/2021. Signed by Magistrate Judge Karen L. Litkovitz on 12/13/2021. (kh) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 2, 2021 Opinion or Order Filing 34 DECISION AND ENTRY adopting the Magistrate Judge's Report and Recommendation (Doc. 29 ). Signed by Judge Timothy S. Black on 9/2/2021. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 17, 2021 Opinion or Order Filing 29 ORDER AND REPORT AND RECOMMENDATION - IT IS THEREFORE ORDERED THAT: Petitioner SHOW CAUSE within thirty (30) days of the date of this Order why her claims in her habeas corpus petition pertaining to the constitutionality of the special conditions of her since successfully terminated judicial release should not be dismissed without prejudice as moot. IT IS THEREFORE RECOMMENDED THAT: The motions before the Court (Docs. 12 , 13 , 16 , 17 , 20 , 28 ) be DENIED. (Objections to R&R due by 8/31/2021). Signed by Magistrate Judge Karen L. Litkovitz on 8/2/2021. (kh) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 9, 2020 Opinion or Order Filing 9 ORDER - the Courts July 16, 2020 Report and Recommendation to dismiss the petition without prejudice for lack of exhaustion (Doc. 7 ) is hereby VACATED. it is hereby ORDERED that respondent shall file an answer conforming to the requirements of Rul e 5 of the Rules Governing § 2254 Cases within sixty (60) days of the date of filing of this Order. Signed by Magistrate Judge Karen L. Litkovitz on 09/08/2020. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 16, 2020 Opinion or Order Filing 7 REPORT AND RECOMMENDATIONS - IT IS THEREFORE ORDERED THAT: 1. The June 30, 2020 Report and Recommendation (Doc. 5 ) is VACATED. IT IS THEREFORE RECOMMENDED THAT: 1. Petitioners pro se petition for a writ of habeas corpus be DISMISSED without prejud ice. 2. A certificate of appealability should not issue because, for the foregoing reasons, petitioner has not made a substantial showing of the denial of a constitutional right that is remediable at this juncture in this proceeding. 3. The Court c ertify pursuant to 28 U.S.C. § 1915(a)(3) that with respect to any application by petitioner to proceed on appeal in forma pauperis, an appeal of any Order adopting this Report and Recommendation would not be taken in good faith, and therefore D ENY petitioner leave to appeal in forma pauperis. (Objections to R&R due by 7/30/2020). Signed by Magistrate Judge Karen L. Litkovitz on 07/16/2020. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 30, 2020 Opinion or Order Filing 5 REPORT AND RECOMMENDATIONS - It is therefore RECOMMENDED that this matter be DISMISSED for want of prosecution. Objections to R&R due by 7/14/2020. Signed by Magistrate Judge Karen L. Litkovitz on 06/29/2020. (bjc)(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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