Cross v. Warden, Southern Ohio Correctional Facility
| Tyree J. Cross |
| Warden, Southern Ohio Correctional Facility |
| 1:2024cv00453 |
| August 26, 2024 |
| U.S. District Court for the Southern District of Ohio |
| Douglas R Cole |
| Michael R Merz |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 1, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 CLERK'S JUDGMENT affirming #4 Order. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 4
ORDER adopting #3 Report and Recommendations and dismissing with prejudice Cross's Petition under 28 U.S.C. 2254 for a Writ of Habeas Corpus. The Court also certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal of this Order would not be made in good faith, thereby denying Cross leave to appeal in forma pauperis. Finally, it denies Cross a certificate of appealability under 28 U.S.C. 2253(c) because no reasonable jurist would find Cross's failure to meet the one-year statute of limitations debatable. Signed by Judge Douglas R. Cole on 10/1/24. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 3 REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Petition 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 9/10/2024. Signed by Magistrate Judge Michael R. Merz on 8/27/2024. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 2 Notice of Deficiency re: Requires a filing fee or motion for leave to proceed in forma pauperis and completed Civil Cover Sheet. Electronic filers can pay the fee #online. Please scroll down to the event called, Pay Fees Via Pay.gov to pay the required fee. Related Document: #1 Petition for Writ of Habeas Corpus filed by Tyree J. Cross. Deficiency Deadline by 9/25/2024. (acw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Tyree J. Cross. (Attachments: #1 Envelope) (acw) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Cross v. Warden, Southern Ohio Correctional Facility | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Tyree J. Cross | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Warden, Southern Ohio Correctional Facility | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
