McElroy v. Warden, Toledo Correctional Institution
| Justin McElroy |
| Warden, Toledo Correctional Institution |
| 1:2022cv00253 |
| May 6, 2022 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Elizabeth Preston Deavers |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 6
REPORT AND RECOMMENDATIONS: The Magistrate Judge RECOMMENDS that the Court DISMISS #5 Petition for Writ of Habeas Corpus as raising a claim that is not cognizable under 2254; the Court DENY McElroy's pending #2 MOTION to Appoint Counsel & #3 MOTION Requesting the Court to Order Production of the State Court Record as moot; if the Court dismisses McElroy's Petition as not cognizable under 2254, the Court also ISSUE McElroy a certificate of appealablity to pursue an appeal, and CONFIRM that he may do so in forma pauperis under Fed. R. App. P. 24(a)(3). Objections to R&R due by 7/15/2022. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/1/2022. (er)(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 5
PETITION for Writ of Habeas Corpus filed by Justin McElroy. (Attachments: #1 exhibits) (sem)
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Filing 4
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. The Undersigned will promptly conduct a preliminary review of McElroy's Petition for a writ of habeas corpus under 28 U.S.C. 2254 and entered an appropriate Order. Signed by Magistrate Judge Elizabeth Preston Deavers on 6/21/22. (sem)(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 3
MOTION Requesting the Court to Order Production of the State Court Record by Petitioner Justin McElroy. (Attachments: #1 Envelope) (er)
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Filing 2
MOTION to Appoint Counsel by Petitioner Justin McElroy. (Attachments: #1 Exhibit 1, #2 Envelope) (er)
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Filing 1
MOTION for Leave to Proceed in forma pauperis by Petitioner Justin McElroy. (Attachments: #1 Civil Cover Sheet, #2 2254 Petition, #3 2254 Petition - Ex 1-2, #4 Notice and Proof of Service, #5 Envelope) (er)
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| Petitioner: Justin McElroy | |
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| Respondent: Warden, Toledo Correctional Institution | |
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