Scott v. Warden, Mansfield Correctional Institution
| Aaron Scott |
| Warden, Mansfield Correctional Institution |
| 3:2012cv00146 |
| May 18, 2012 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R Merz |
| Walter H Rice |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
38
ORDER ADOPTING REPORT AND RECOMMENDATIONS ON MOTIN FOR RELIEF FROM JUDGMENT for 36 Report and Recommendations. Signed by Judge Walter H Rice on 1/28/2015. (srb1)(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
36
REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT - It is respectfully recommended that District Judge Rice reopen the time for appeal under Fed. R. App. P. 4(a)(6), adopting the above finding and further concluding that the Motion is tim ely and no party will be prejudiced thereby. Objections to R&R due by 1/9/2015. Signed by Magistrate Judge Michael R Merz on 12/23/2014. (kpf1)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
33
DECISION AND ENTRY DENYING THE PETITION FOR A WRIT OF HABEAS CORPUS OF PETITIONER AARON SCOTT (DOC. #) 2 ; ADOPTING THE REPORT AND RECOMMENDATIONS (DOC. #) 25 AND THE SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #) 29 OF THE MAGISTRATE JUDGE; OVE RRULING PLAINTIFF'S OBJECTIONS TO SAID JUDICIAL FILINGS (DOC. #) 27 AND DOC. #) 31 ; AND GRANTING A CERTIFICATE OF APPEALABILITY ON GROUND ONE OF THE PETITION, BUT DENYING A CERTIFICATE OF APPEALABILITY ON ALL OTHER GROUNDS; JUDGMENT TO ENTER ACCORDINGLY; TERMINATION ENTRY. Signed by Judge Walter H Rice on 10/21/2014. (srb1)
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Filing
29
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections, the Magistrate Judge again recommends the Petition be dismissed with prejudice. Because the Second District Court of Appeals found constitutional error on the Confrontation Clause claims, Scott should be granted a certificate of appealability on the question whether that error was harmless. Because reasonable jurists would not disagree with the other conclusions in the Report or this Supplemental R eport, the certificate of appealability should be limited to the First Ground for Relief. Petitioner should be permitted to proceed in forma pauperis on appeal Objections to R&R due by 9/16/2013. Signed by Magistrate Judge Michael R Merz on 8/29/2013. (kpf1)
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Filing
25
REPORT AND RECOMMENDATIONS it is respectfully recommended that the Petition bedismissed with prejudice. Because the Second District Court of Appeals found constitutional error on the Confrontation Clause claim, Scott should be granted a certificate of appealability on the question whether that error was harmless. Because reasonable jurists would not disagree with the other conclusions in this Report, the certificate of appealability should be limited to the First Ground for Relief. Petitioner should be permitted to proceed in forma pauperis on appeal. Objections to R&R due by 7/29/2013. Signed by Magistrate Judge Michael R Merz on 7/11/2013. (sc1)
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Filing
17
SUPPLEMENT TO ORDER FOR ANSWER - The Order for Answer is hereby SUPPLEMENTED as follows: the copy of the state court record served by Respondent on the Petitioner shall include the PageID numbers. Signed by Magistrate Judge Michael R Merz on 3/25/2013. (kpf1)
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Filing
15
ORDER WITHDRAWING REPORT AND RECOMMENDATIONS AND SETTING ANSWER AND TRAVERSE DATES - It is hereby ORDERED that (1) the Report (Doc. No. 12) is WITHDRAWN and (2) the Motion to Dismiss (Doc. No. 9) is deemed MOOT. Respondent shall, not later than March 1, 2013, file an answer conforming to the Petitioner may, not later than twenty-one days after the Answer is filed, file and serve a reply or traverse to the answer. Signed by Magistrate Judge Michael R Merz on 2/21/2013. (kpf1)
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Filing
12
REPORT AND RECOMMENDATIONS - It is recommended that Respondent's Motion to Dismiss (Doc. No. 9) be denied. Objections to R&R due by 12/7/2012. Signed by Magistrate Judge Michael R Merz on 11/20/2012. (kpf1)
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Filing
7
SECOND AMENDED ORDER FOR ANSWER. Signed by Magistrate Judge Michael R Merz on 10/1/2012. (kpf1)
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Filing
3
ORDER FOR ANSWER - Petitioner may, not later than twenty-one days after the Answer is filed, file and serve a reply or traverse to the Answer. If Respondent files a motion to dismiss, Petitioner's time to file a memorandum in opposition will likewise be twenty-one days from service, as provided in S. D. Ohio Civ. R. 7.2(a). Signed by Magistrate Judge Michael R Merz on 05/21/2012. (kf)
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| Petitioner: Aaron Scott | |
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| Respondent: Warden, Mansfield Correctional Institution | |
| Represented By: | M Scott Criss |
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