Gerald et al v. Warden, Lebanon Correctional Institution
| Lavelle Duff, Adonte Cherry, Jeremy X. Gerald and Jermaine Adams |
| Warden, Lebanon Correctional Institution |
| 1:2020cv00603 |
| August 5, 2020 |
| US District Court for the Southern District of Ohio |
| Karen L Litkovitz |
| Matthew W McFarland |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
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Filing 9
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT:1. Because petitioner Adams has paid the $5.00 filing fee, petitioner Adams application for leave to proceed in forma pauperis (Doc. #3 ) be DENIED as moot.2. The petition for a writ of habeas corpus (Doc. #5 ) be DENIED with prejudice with respect to petitioners Cherry and Adams, and for the reasons set forth in the Courts August 27, 2020 Order and Report and Recommendation (Doc. #4 ), the petition (Doc. #5 ) also be DENIED with prejudice with respect to petitioners Gerald and Duff, and that this action be DISMISSED in its entirety. 3. A certificate of appealability should not issue with respect to the petition because none of the petitioners have stated a viable claim of the denial of a constitutional right or presented issues that are adequate to deserve encouragement to proceed further. See Slack v. McDaniel, 529 U.S. 473, 475 (2000) (citing Barefoot v. Estelle, 463 U.S. 880, 893 & n.4 (1983)); see also 28 U.S.C. 2253(c); Fed. R. App. P. 22(b). 4. With respect to any application by a 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 adopting this Report and Recommendation would not be taken in good faith, and therefore DENY any petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 10/14/2020. Signed by Magistrate Judge Karen L. Litkovitz on 09/29/2020. (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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| Filing 8 Filing fee: $ 5.00, receipt number 100CIN040241 (bjc) |
| Filing 7 Filing fee: $ 5.00, receipt number 100CIN040240 (bjc) |
| Filing 6 OBJECTION to #4 Report and Recommendations by Petitioner Jeremy X. Gerald. (kl) |
| Filing 5 PETITION for Writ of Habeas Corpus filed by Jeremy X. Gerald, Adonte Cherry, Lavelle Duff. (eh) Modified on 8/27/2020 (eh). |
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Filing 4
ORDER AND REPORT AND RECOMMENDATION signed by Magistrate Judge Karen L. Litkovitz on 8/27/20. IT IS ORDERED THAT: 1. Petitioners Gerald and Duff's respective motions for leave to proceed in forma pauperis (Docs. #1 , #2 ) are GRANTED, and the Court hereby authorizes the commencement of this action as to petitioners Gerald and Duff without prepayment of such costs and fees. 2. Should petitioner Cherry wish to pursue this action, he is ORDERED to either pay the $5.00 filing fee or file a motion for leave to proceed without prepayment of fees within thirty (30) days of the date of this Order. IT IS RECOMMENDED THAT: 1. Petitioner Adams application for leave to proceed in forma pauperis (Doc. #3 ) be DENIED, and that petitioner Adams be ordered to pay the full filing fee of $5.00 within thirty (30) days of the date of an Order adopting this Report and Recommendation.2. The petition for a writ of habeas corpus (Doc. #1 -1) be DENIED with prejudice with respect to petitioners Gerald and Duff.3. A certificate of appealability should not issue. 4. The Court should certify that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith" and therefore DENY any petitioner leave to appeal in forma pauperis upon showing of financial necessity. ( Objections to R&R due by 9/10/2020) (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification. Blank IFP form included in mailing to Plaintiff Cherry.)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) by Petitioner Jermaine Adams. (kh) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) by Petitioner Lavelle Duff. (kh) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) by Petitioner Jeremy X. Gerald. (Attachments: #1 Petition for Writ of Habeas Corpus, #2 Civil Cover Sheet, #3 Envelope, #4 Notice of Intent) (kh) |
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