Carver v. Warden, Marion Correctional Institution
Petitioner: Kyle Carver, Sr
Respondent: Warden, Marion Correctional Institution
Case Number: 3:2010cv00038
Filed: January 27, 2010
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Michael R Merz
Presiding Judge: Walter H Rice
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
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
September 22, 2011 Opinion or Order Filing 22 DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONSOF UNITED STATES MAGISTRATE JUDGE (DOC. # 14 ) IN THEIR ENTIRETY; OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. # 18 ); OVERRULING RESPONDENT'S OBJECTIONS THERETO (DOC. # 15 ); DISMIS SING GROUND SEVEN OF PETITION WITHOUTPREJUDICE, AND DISMISSING ALL OTHER GROUNDS WITH PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; GRANTING CERTIFICATE OF APPEALABILITY WITH REGARD TO GROUND FIVE AND DENYING SAME AS TO ALLOTHER GROUNDS; REQUEST TO APPEAL IN FORMA PAUPERIS GRANTED AS TO GROUND FIVE AND DENIED AS TO ALL OTHER GROUNDS; TERMINATION ENTRY. Signed by Judge Walter H Rice on 09/22/11. (pb1)
November 29, 2010 Opinion or Order Filing 20 ORDER DENYING THIRD MOTION TO STAY PENDING EXHAUSTION. Signed by Magistrate Judge Michael R Merz on 11/29/2010. (kpf1)
April 1, 2010 Opinion or Order Filing 8 ORDER DENYING SECOND MOTION TO STAY PENDING EXHAUSTION. Signed by Magistrate Judge Michael R Merz on 3/31/2010. (kpf1)
February 19, 2010 Opinion or Order Filing 6 ORDER DENYING STAY PENDING EXHAUSTION - This habeas corpus action is before the Court on Petitioner's Motion to Stay Habeas Proceedings Pending Exhaustion of State Court Remedies (Doc. No. 5). Petitioner is of course free to file the motion he suggests in the Ohio Supreme Court. If that court in fact accepts his motion for decision on the merits, he may re-apply to this Court for a stay. Absent some indication from the Ohio Supreme Court that they would entertain such a motion, the instant Motion for Stay is denied. Signed by Magistrate Judge Michael R Merz on 2/18/2010. (kpf1)
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Petitioner: Kyle Carver, Sr
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Respondent: Warden, Marion Correctional Institution
Represented By: Diane Duemmel Mallory
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