Kelly v. Warden, Franklin Medical Center
| Patrick Kelly |
| Warden, Franklin Medical Center |
| 2:2018cv00019 |
| January 8, 2018 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| ATHENS |
| Elizabeth Preston Deavers |
| George C. Smith |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
25
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Petitioner makes no objection to the recommended dismissal of Ground Two and Three or of Ground Four as originally pleaded. Kelly's Ground Four as raised in the Reply should be dismissed because it was raised after the statute of limitations expired and without evidence of the alleged excusing cause. Because Kelly has not shown that reasonable jurists would not disagree with these conclusions, he should be denied a certificate of appealability a nd the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 5/28/2019. Signed by Magistrate Judge Michael R. Merz on 5/10/2019. (kpf)
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Filing
19
REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Petition for Writ of Habeas Corpus be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a ce rtificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 3/12/2019. Signed by Magistrate Judge Michael R. Merz on 2/26/2019. (kpf)
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Filing
13
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)
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Filing
12
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)
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Filing
8
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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