Hauptstueck v. Warden Lebanon Correctional Institution
| Keith Hauptstueck |
| Warden Lebanon Correctional Institution |
| 3:2012cv00356 |
| October 24, 2012 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Timothy S. Black |
| 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
8
DEFICIENCY ORDER - It is hereby ORDERED that Petitioner pay the $455 filing fee or file an application with the Court of Appeals to proceed in forma pauperis not later than January 17, 2013. Signed by Magistrate Judge Michael R Merz on 12/18/2012. (kpf1)
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Filing
6
CLERK'S JUDGMENT AFFIRMING 5 DECISION AND ENTRY. (mr1)
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Filing
2
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Keith Hauptstueck. Rather than appealing within the time allowed by law, Petitioner waited more than a year after the judgment in the court of appeals to attempt an appea l to the Ohio Supreme Court. He has thus procedurally defaulted on his claims and the Petition should therefore be dismissed withprejudice. Because reasonable jurists would not disagree with this conclusion, he should be denied a certificate of appealability and this Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 11/13/2012. Signed by Magistrate Judge Michael R Merz on 10/25/2012. (kf)
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