Fernbach v. Warden, Dayton Correctional Institution
| Richard Fernbach |
| Warden, Dayton Correctional Institution |
| 3:2010cv00040 |
| January 27, 2010 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H Rice |
| Michael R Merz |
| Habeas Corpus (General) |
| 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
44
DECISION AND ORDER - RE 41 The Motion to Set Aside the August 3, 2010, Judgment is DENIED. Because reasonable jurists would not disagree with this conclusion, Petitioner is denied a certificate of appealability and this Court certifies to the Sixth Circuit that any appeal would be objectively frivolous. Signed by Magistrate Judge Michael R Merz on 01/29/13. (pb1)(Fernbach)
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Filing
39
DECISION AND ORDER - the Objections, treated as a motion for reconsideration, are overruled and denied. Because reasonable jurists would not disagree with this conclusion, Petitioner is denied a certificate of appealability. Signed by Magistrate Judge Michael R Merz on 07/07/12. (pb1)
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Filing
37
DECISION AND ORDER - In order to allow Petitioner an opportunity to obtain consideration of his Ohio law (and any attendant federal constitutional law) questions in the first instance from the state courts, consideration of Petitioners Objections wil l be held in abeyance, as he has requested, pending decisions by the Ohio courts. This case is stayed pending those decisions (and any decisions made on appeal). Petitioner is ordered to furnish this Court with copies of the filings made in the Ohio courts to date and to keep this Court currently advised of new filings and any decisions from those courts. Signed by Magistrate Judge Michael R Merz on 5/7/2012. (kf)
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Filing
35
DECISION AND ORDER - In sum, this Court concludes its prior Judgment is not void for lack of jurisdiction. Petitioners Motion to Vacate is DENIED. Because reasonable jurists would not disagree with this conclusion, Petitioner is denied any certificat e of appealability from this Order and the Court certified to the Sixth Circuit that any appeal would be objectively frivolous and may therefore not proceed in forma pauperis. Signed by Magistrate Judge Michael R Merz on 04/21/2012. (kf) Modified on 4/24/2012 to correct text(kje1).
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Filing
32
DECISION AND ORDER - Petitioner's Motion for Certificate of Appealability (Doc. No. 29) is denied. Petitioner's Motion for Leave to Appeal in forma pauperis (Doc. No. 30) is denied. Signed by Magistrate Judge Michael R Merz on 10/15/2010. (kpf1)
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Filing
20
DECISION AND ORDER - Petitioner's Grounds for Relief are barred by his procedural defaults in presenting them to the state courts or they are without merit. The Clerk will enter judgment dismissing the Petition with prejudice. Signed by Magistrate Judge Michael R Merz on 8/3/2010. (kpf1)
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Filing
16
DECISION AND ORDER ON ADDITIONAL TRANSCRIPTS - This habeas corpus case is before the Court on Respondent's Supplemental Memorandum Supporting Return of Writ (Doc. No. 12) and Petitioner's response thereto (Doc. No. 15). Petitioner's request to have the guilty plea colloquy of August 2, 2005 proceeding transcribed is denied. Petitioners reply must be filed not later than June 2, 2010. Signed by Magistrate Judge Michael R Merz on 5/12/2010. (kpf1)
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Filing
11
ORDER TO RESPONDENT granting 9 Motion to Deem Motion to Compel; ORDER TO RESPONDENT granting 10 Motion to Compel Compliance with Rule 5(c)of the Rules Governing § 2254 Cases. Not later than May 14, 2010, Respondent shall furnish Petitioner w ith copies of the filed transcripts unless good cause to the contrary be shown and Respondent shall supplement his Answer and Return of Writ by stating expressly whether there are any other state court proceedings which were recorded but have not yet been transcribed; which transcripts have been prepared and not yet filed. Respondent shall also advise the Court why these transcripts have not yet been filed and what Respondent intends in that regard. Petitioners date to file his reply will be reset by the Court when the transcript issues are resolved. Signed by Magistrate Judge Michael R Merz on 5/3/2010. (gh1)
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| Petitioner: Richard Fernbach | |
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| Respondent: Warden, Dayton Correctional Institution | |
| Represented By: | Diane Duemmel Mallory |
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