Nian v. Warden, North Central Corectional Complex
| Abulay Nian |
| Warden, North Central Corectional Complex |
| 2:2017cv00313 |
| April 13, 2017 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| DELAWARE |
| James L. Graham |
| Norah McCann King |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
30
VOLUNTARY DISMISSAL ORDER - In compliance with the mandate of the Sixth Circuit Court of Appeals in Nian v. Warden, N. Cent. Corr. Inst., 994 F.3d 746, 759 (6th Cir. 2021), this Court issued a Conditional Writ of Habeas Corpus requiring the Common Pleas Court of Delaware County, Ohio, to conduct a hearing on Petitioner's motion for a new trial under Remmer v. United States, 347 U.S. 227 (1954). That hearing is completed and Petitioner has advised the Court that he is not challenging th e constitutionality of that hearing in his state court appeal (ECF No. 26 , PageID 1112). He has also withdrawn his request for a stay under Rhines v. Weber, 544 U.S. U.S. 269 (2005) in this Court. Given that posture of the case, both parties agre e that the proper disposition of this case is dismissal without prejudice under Fed.R.Civ.P. 41 (ECF Nos. 28 , 29 ). Accordingly, the Clerk is ordered to enter judgment dismissing this case without prejudice. Signed by Magistrate Judge Michael R. Merz on 3/9/2022. (srb)
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Filing
25
DECISION AND ORDER - The Motion to Dissolve 22 is denied as premature without prejudice to its renewal when the state appellate process is completed. Petitioner shall amend his Petition to add constitutional claims not later than March 1, 2022. At the same time, he should formally move for a stay under Rhines. Signed by Magistrate Judge Michael R. Merz on 1/19/2022. (kpf)
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Filing
19
TRANSFER ORDER - With the consent of both of them, the Magistrate Judge reference in this case is hereby transferred from The Honorable Norah McCann King to The Honorable Michael R. Merz. Signed by Magistrate Judge Michael R. Merz on 6/1/2021. (srb)
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Filing
10
ORDER adopting Report and Recommendations re 8 Report and Recommendations.. Signed by Judge James L. Graham on 9/7/2018. (ds)(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
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus: The Magistrate Judge RECOMMENDS that this action be DISMISSED. Objections to R&R due by 8/30/2018. Signed by Magistrate Judge Norah McCann King on 8/16/2018. (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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| Petitioner: Abulay Nian | |
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| Respondent: Warden, North Central Corectional Complex | |
| Represented By: | William H Lamb |
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