Butt v. Warden Chillicothe Correctional Institution
| Robert Butt |
| Warden Chillicothe Correctional Institution |
| 3:2009cv00395 |
| October 16, 2009 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Thomas M Rose |
| Michael R Merz |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
26
DECISION AND ORDER DENYING CERTIFICATE OF APPEALABILITY - This habeas corpus case is before the Court upon Petitioner's appeal to the United States Court of Appeals for the Sixth Circuit from the final judgment in this case, dismissing the Petit ion with prejudice. Having reviewed its decision, the Court concludes that reasonable jurists would not disagree with the conclusions reached. Petitioner is accordingly denied a certificate of appealability. The Court further certifies to the Court of Appeals that the appeal is objectively frivolous and should not be permitted to proceed in forma pauperis. Signed by Magistrate Judge Michael R Merz on 8/17/2010. (kpf1)
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Filing
13
ORDER DISSOLVING STAY - The Court takes judicial notice that on May 5, 2010, Chief Justice Brown filed an Entry in State v. Butt, Ohio Sup Ct. Case No. 2010-0232 declining jurisdiction in that case; a copy of the Entry is attached. Accordingly, the s tay of these proceedings is dissolved. Respondent shall file an answer and return of writ herein not later than June 21, 2010; the answer shall comply with the Court's prior Order for Answer (Doc. No. 2). Petitioner may file a reply not later than twenty-one days after the answer is filed. Signed by Magistrate Judge Michael R Merz on 5/12/2010. (kpf1)
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Filing
12
DECISION AND ORDER ON RECONSIDERATION; STAY OF PROCEEDINGS - This habeas corpus case is before the Court on Respondent's Motion for Reconsideration of the January 7, 2010, Decision and Order denying Respondent's Motion to Dismiss on grounds of lack of exhaustion (Doc. No. 11). Upon reexamining the Motion to Dismiss, the Court agrees with Respondent that Petitioner still has an available remedy for his claim of ineffective assistance of trial counsel for failure to pursue an alibi defe nse, to wit, appeal to the Ohio Supreme Court from the Court of Appeals affirmance of denial of his petition for post-conviction relief on this claim. All further proceedings herein are stayed pending the outcome of Petitioner's appeal, if he takes one, to the Ohio Supreme Court. The parties shall advise this Court promptly of all filings in and decisions from the Ohio Supreme Court. Signed by Magistrate Judge Michael R Merz on 1/8/2010. (kpf1)
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Filing
9
REPORT AND RECOMMENDATIONS on Respondent's Motion to Dismiss (Doc. No. 7) - Since Petitioner has in fact exhausted all available state court remedies, the Motion to Dismiss should be denied and Respondent required to answer further. Because the Motion is recommended to be denied, Petitioner need not respond to it, despite the Notice to that effect issued by the Court earlier this date. Objections to R&R due by 1/19/2010. Signed by Magistrate Judge Michael R Merz on 12/30/2009. (kpf1)
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| Petitioner: Robert Butt | |
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| Respondent: Warden Chillicothe Correctional Institution | |
| Represented By: | Diane Duemmel Mallory |
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