Kirby v. Warden, Madison Correctional Institution
| Bryan Kirby |
| Warden Jenny Hildebrand and Court of Common Pleas, Butler County, Ohio |
| Warden, Madison Correctional Institution |
| 1:2023cv00424 |
| July 10, 2023 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Douglas R Cole |
| Michael R Merz |
| Peter B Silvain |
| 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 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 10
ORDER granting re #9 MOTION for Extension of Time to File Response/Reply as to #7 REPORT AND RECOMMENDATIONS re #1 Petition for Writ of Habeas Corpus filed by Bryan Kirby New date requested 10/30/2023.. Signed by Magistrate Judge Michael R. Merz on 8/28/2023. (MRM)
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| Filing 9 Petitioner's Motion for Extension of Time According to FRCP 6(b) by Petitioner, Bryan Kirby. (bjr) |
| Filing 8 NOTICE of Change of Address by Petitioner Bryan Kirby (Attachments: #1 Envelope) (jmb) |
| Filing 7 REPORT AND RECOMMENDATIONS - Because the Petition herein is barred by the statute of limitations in 28 U.S.C. 2244(d), the Magistrate Judge respectfully recommends that the case be dismissed with 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 8/28/2023. Signed by Magistrate Judge Michael R. Merz on 8/14/2023. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 6 NOTICE of filing of Civil Cover Sheet by Petitioner, Bryan Kirby re #2 Notice of Deficiency. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 5 Filing fee: $ 5.00, receipt number 300001475. (bjr) |
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Filing 4
RELATED CASE MEMORANDUM ORDER: The Judges agree that case numbers 1:21-cv-482 and 1:23-cv-424 ARE related and that the subject case should be transferred to the docket of Judge Douglas R. Cole and Magistrate Judge Michael R. Merz. Signed by Judge Douglas R. Cole and Judge Michael R. Barrett on 7/20/2023. (kh) (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 2 DEFICIENCY ORDER - Petitioner is ORDERED to either pay the $5.00 filing fee or submit an application to proceed in forma pauperis and Civil Cover Sheet within thirty days of the date of this Deficiency Order. Petitioner is ADVISED that if he fails to comply with this Deficiency Order, his case may be dismissed for failure to prosecute. Related Document: #1 Petition for Writ of Habeas Corpus filed by Bryan Kirby. (bjr)(This document has been sent by regular mail to the parties listed in the NEF that did not receive electronic notification.) (bjr). |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Bryan Kirby. (Attachments: #1 Exhibits, #2 Envelope) (md) |
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