Huber, Jr v. Warden, Chilicothe Correctional Institution
| Joseph W Huber, Jr |
| Warden, Chilicothe Correctional Institution |
| 3:2011cv00008 |
| January 10, 2011 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| CLARK |
| Michael R Merz |
| Thomas M Rose |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
63
ORDER - After reviewing the docket, the Court finds that the Petitioner Joseph Huber has not furnished the Court with a current address, therefore the Court re-issues the ORDER ADOPTING REPORT AND RECOMMENDATIONS 62 - ordering that Writ of Habeas Corpus is dissolved and this case is dismissed for lack of jurisdiction. Signed by Judge Thomas M. Rose on 2-9-2016. (de) Signed by Judge Thomas M. Rose on 2-10-2016. (de)
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Filing
62
ORDER ADOPTING REPORT AND RECOMMENDATIONS - ordered that Writ of Habeas Corpus is dissolved and this case is dismissed for lack of jurisdiction. Signed by Judge Thomas M. Rose on 2-9-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
60
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Writ be dissolved and this case be dismissed for lack of jurisdiction. Objections to R&R due by 2/8/2016. Signed by Magistrate Judge Michael R. Merz on 1/20/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
56
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz 55 , and noting that no objections have been filed thereto and that the time for filing such objectio ns under Fed. R. Civ. P. 72 (b) has expired, hereby ADOPTS said Report and Recommendations. It is ORDERED that the Petition for Writ of Habeas Corpus be GRANTED on terms that Petitioner be released unless the Second District Court of Appeals reopens his direct appeal and reaffirms his conviction not later than six months from the date of final judgment in this case. Signed by Judge Thomas M. Rose on 6-29-2015. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
55
REPORT AND RECOMMENDATIONS ON REMAND - It is respectfully recommended that Petitioner be GRANTED a writ of habeas corpus on terms that he be released unless the Second District Court of Appeals reopens his direct appeal and reaffirms his conviction n ot later than six months from the date of final judgment in this case. Objections to R&R due by 6/18/2015. Signed by Magistrate Judge Michael R. Merz on 6/1/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
45
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz 43 , to whom this case was referred pursuant to 28 U.S.C. Section 636(b), andnoting that no objection s have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. It is hereby ORDERED that Petitioner's Motion for Leave to Appeal in forma pauperis and for a Certificate of Appealability 41 is DENIED. Signed by Judge Thomas M Rose on 3-25-2014. (de)
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Filing
43
REPORT AND RECOMMENDATIONS ON MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS AND FOR CERTIFICATE OF APPEALABILITY - Huber is not entitled to a second de novo review, nor does his Motion demonstrate any manifest error of law in the prior decision of Jud ge Rose denying a certificate of appealability. The Motion should therefore be DENIED. Huber is free to renew his request to the Sixth Circuit, to whom he has appealed the final decision. Objections to R&R due by 3/17/2014. Signed by Magistrate Judge Michael R Merz on 2/26/2014. (kpf1)
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Filing
40
CLERK'S JUDGMENT WITH NOTICE OF DISPOSAL ATTACHED. Signed on 2/5/14. (ep)
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Filing
36
SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON THE MERITS - Upon reconsideration in light of the Objections, the Magistrate Judge again respectfully recommends that the Petition be dismissed with prejudice and Huber be denied a certificate of appealability and leave to appeal in forma pauperis. Objections to R&R due by 1/13/2014. Signed by Magistrate Judge Michael R Merz on 12/27/2013. (kpf1)
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Filing
35
RECOMMITTAL ORDER - Pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections 34 and making recommendations based on that analysis. Signed by Judge Thomas M Rose on 12-18-2013. (de)
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Filing
30
REPORT AND RECOMMENDATIONS ON THE MERITS - It is respectfully recommended that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 11/29/2013. Signed by Magistrate Judge Michael R Merz on 11/12/2013. (kpf1)
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Filing
27
ORDER ADOPTING REPORT AND RECOMMENDATIONS ON PETITIONER'S MOTION FOR SUMMARY JUDGMENT 15 . It is therefore ORDERED that Petitioner's Motion for Summary Judgment be and it hereby is, DENIED. Signed by Judge Thomas M Rose on 9/17/13. (ep)
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Filing
25
SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON PETITIONER'S MOTION FOR SUMMARY JUDGMENT - It is again respectfully recommended that Huber's Motion for Summary Judgment be denied. Objections to R&R due by 9/9/2013. Signed by Magistrate Judge Michael R Merz on 8/23/2013. (kpf1)
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Filing
24
RECOMMITTAL ORDER. Signed by Judge Thomas M Rose on 08/21/13. (pb1)
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Filing
21
REPORT AND RECOMMENDATIONS ON MOTION FOR - SUMMARY JUDGMENT re 15 MOTION for Summary Judgment filed by Joseph W Huber, Jr. Huber has not attempted to show cause and prejudice for his noncompliance with the Ohio rules enforced against him nor has h e attempted a showing of actual innocence. Accordingly, his first two Grounds for Relief are barred by procedural default and should be dismissed with prejudice on that basis. Objections to R&R due by 8/22/2013. Signed by Judge Thomas M Rose on 8/5/2013. (kf)
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Filing
18
ORDER - It is therefore ordered that Respondent supplement the Return of Writ with those portions of the state court record generated since the case was dismissed in 2011. Respondent shall also file an amended return if necessary, combined with Respo ndents memorandum in response to Petitioners Motion for Summary Judgment. All of these filings shall be made on or before August 1, 2013. When these items are filed, the Court will treat the case as ripe for decision. Signed by Magistrate Judge Michael R Merz on 7/3/2013. (kf)
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Filing
17
ORDER re 14 MOTION to Reopen Case filed by Joseph W Huber, Jr. Accordingly, the Motion to Reopen is GRANTED. Signed by Judge Thomas M Rose on 7/2/2013. (kf)
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Filing
12
ORDER re 7 , 8 , and 9 - The Clerk is ORDERED to furnish Mr. Huber with blank summonses, a blank pro se complaint form, and a prisoner in forma pauperis application. If Mr. Huber wishes to commence an original action against the Clark County pro secutors and the Ohio Supreme Court, he must prepare a complaint setting forth his claims against them and file that complaint with this Court, accompanied by the filing fee of $350 or an application to proceed in forma pauperis. Signed by Magistrate Judge Michael R Merz on 01/06/12. (pb1)
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Filing
9
ORDER TO PETITIONER - Petitioner is directed to advise this Court,clearly and unequivocally, not later than January 10, 2012, if he desires to reopen his habeas corpus case and if that is what the papers he sent to the Clerk are intended to do. Signed by Magistrate Judge Michael R Merz on 12/23/11. (pb1)
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| Petitioner: Joseph W Huber, Jr | |
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| Respondent: Warden, Chilicothe Correctional Institution | |
| Represented By: | Erin C Reed |
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