Johnson v. Warden, Lebanon Correctional Institution
| Everett Johnson |
| Warden, Lebanon Correctional Institution |
| 3:2010cv00390 |
| October 19, 2010 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| CLARK |
| Michael R Merz |
| Walter H Rice |
| 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
17
ORDER adopting Report and Recommendations. It is hereby ORDERED that the Petition herein is DISMISSED with prejudice. Petitioner is also DENIED leave to appeal informa pauperis and any request for certificate of appealability. Signed by Judge Walter H Rice on 7/7/2011. (mdf1)
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Filing
12
ORDER DISSOLVING STAY, RESTORING CASE TO THE ACTIVE DOCKET, AND FOR ANSWER - The Ohio Supreme Court has now denied Petitioner's Motion for Delayed Appeal (Entry, Case No. 2011-0273, April 6, 2011). Accordingly, 1. The stay of proceedings is DISS OLVED; 2. The Clerk is ordered to restore this case to the active docket; 3. The Respondent shall file an answer conforming to the requirements of Rule 5 of the Rules Governing § 2254 Cases not later than May 1, 2011, and serve the same on Petitioner; and 4. Petitioner's reply shall be filed not later than twenty-four days after the answer is filed. Signed by Magistrate Judge Michael R Merz on 4/14/2011. (kpf1)
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Filing
10
DECISION AND ORDER FINDING MOTION TO DISMISS MOOT AND HOLDING CASE IN ABEYANCE PENDING EXHAUSTION OF STATE COURT REMEDIES- It is hereby ORDERED: 1. Petitioner shall file a motion for delayed appeal on his claim that his conviction is supported by ins ufficient evidence in the Ohio Supreme Court not later than March 1, 2011. Failure to file will be deemed an abandonment of that claim. 2. All further proceedings herein are stayed pending the outcome of Petitioner's motion for delayed appeal. The parties are ordered to keep this Court informed of the status of those proceedings. 3. Respondents Motion to Dismiss is found to be moot because of the foregoing order. Signed by Magistrate Judge Michael R Merz on 1/27/2011. (kpf1)
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| Petitioner: Everett Johnson | |
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| Respondent: Warden, Lebanon Correctional Institution | |
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