Kelly v. Warden, Franklin Medical Center

Petitioner: Patrick Kelly
Respondent: Warden, Franklin Medical Center
Case Number: 2:2018cv00019
Filed: January 8, 2018
Court: Ohio Southern District Court
Office: Columbus Office
County: ATHENS
Referring Judge: Elizabeth Preston Deavers
Presiding Judge: George C. Smith
Nature of Suit: General
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
December 7, 2018 13 Opinion or Order of the Court OPINION AND ORDER denying 5 Motion to Dismiss; adopting Report and Recommendations re 8 Report and Recommendations.; adopting Report and Recommendations re 12 Report and Recommendations. Respondent to file and answer w/in 60 days of the date of this order; Petitioner will have 21 days after Respondent files an answer to the petition to file a reply. Signed by Judge George C. Smith on 12/7/18. (sh)
November 2, 2018 12 Opinion or Order of the Court SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Because it is very clear that Kelly cannot prove he was unavoidably prevented from learning the factual predicate of Ground One before the statute of limitations ran, he cannot meet the jurisdictional requi rements of Ohio Revised Code § 2953.23. Therefore, the Magistrate Judge again recommends that the Court should conclude Petitioner has no available state court corrective process and deny the Motion to Dismiss. Objections to R&R due by 11/16/2018. Signed by Magistrate Judge Michael R. Merz on 11/1/2018. (kpf)
September 17, 2018 8 Opinion or Order of the Court REPORT AND RECOMMENDATIONS - It is respectfully recommended that Respondent's Motion to Dismiss (ECF No. 5) be denied. Objections to R&R due by 10/1/2018. Signed by Magistrate Judge Michael R. Merz on 9/19/2018. (kpf)

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Petitioner: Patrick Kelly
Represented By: W Joseph Edwards
Represented By: Stephen Ernest Palmer
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Respondent: Warden, Franklin Medical Center
Represented By: Hilda Rosenberg
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