Needham v. Tepe
| Donald Needham |
| Timothy N Tepe |
| 1:2022cv00547 |
| September 22, 2022 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Michael R Merz |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
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Filing 13
CLERK'S JUDGMENT per #12 Order Adopting R&R signed by Judge Michael R. Barrett on 10/28/2022. (kkz)
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Filing 12
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Magistrate Judge's September 23, 2022 R&R is ACCEPTED and ADOPTED in its entirety. Petitioner's Petition for a Writ of Habeas Corpus (Doc. 1) is DISMISSED without prejudice. If Petitioner wishes to refile, he must use the standard form of 2254 petition. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal of this Order would not be taken in good faith and thus denies Petitioner leave to appeal in forma pauperis. Signed by Judge Michael R. Barrett on 10/28/2022. (kkz)(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 11
DECISION AND ORDER - The Clerk is prohibited from filing any further documents tendered by Petitioner without prior court permission. Any additional papers Petitioner desires to file in this case must be attached to a motion for leave to file. If the Court grants permission to file, the permitted documents will then be detached and separately docketed. Signed by Magistrate Judge Michael R. Merz on 10/13/2022. (kpf)(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 10
***STRICKEN PER ECF 11*** NOTICE: Memorandum of Decision by Petitioner Donald Needham (bjc) Modified on 10/13/2022 (kpf).
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Filing 9
***STRICKEN PER ECF 11*** MOTION for Default Judgment against Timothy N Tepe by Petitioner Donald Needham. (bjc) Modified on 10/13/2022 (kpf).
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Filing 8
***STRICKEN PER ECF 11*** NOTICE: Proof of Service by Petitioner Donald Needham (bjc) Modified on 10/13/2022 (kpf).
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Filing 7
***STRICKEN PER ECF 11*** ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Petitioner Donald Needham. (bjc) Modified on 10/13/2022 (kpf).
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Filing 6
***STRICKEN PER ECF 11*** ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Petitioner Donald Needham. (bjc) Modified on 10/13/2022 (kpf).
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Filing 5
***STRICKEN PER ECF 11*** NOTICE: Assignment of Magistrate by Petitioner Donald Needham (bjc) Modified on 10/13/2022 (kpf).
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Filing 4
***STRICKEN PER ECF 11*** NOTICE: Assignment of Magistrate by Petitioner Donald Needham (bjc) Modified on 10/13/2022 (kpf).
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Filing 3
OBJECTION to #2 Report and Recommendations by Petitioner Donald Needham. (bjc)
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Filing 2
REPORT AND RECOMMENDATIONS - Because the Petition does not state a claim upon which habeas corpus relief can be granted, the Magistrate Judge respectfully recommends the Petition be dismissed without prejudice. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a certificate 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 10/7/2022. Signed by Magistrate Judge Michael R. Merz on 9/23/2022. (kpf)(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 1
PETITION for Writ of Habeas Corpus, filed by Donald Needham. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt) (bjc) . Modified to remove blank pages on 9/23/2022 (bjc).
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Filing fee: $ 5.00, receipt number 100000458 (bjc)
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