Patton v. Fischer et al
| James Patton |
| Mark Brown, Eugene Fischer and Kirk Keller |
| 3:2013cv00050 |
| February 19, 2013 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| GREENE |
| 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
17
CLERK'S JUDGMENT AFFIRMING ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 . (mr1)
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Filing
14
REPORT AND RECOMMENDATIONS re 10 , 2 - Because he has not exhausted available state court remedies, Pattons Petition should be dismissed without prejudice pending such exhaustion. Because reasonable jurists would not disagree with this conclusio n, Petitioner should be denied a certificate of appealability on this Ground for Relief and the Court should certify to the Sixth Circuit that any appeal would not be taken in objective good faith. Objections to R&R due by 6/3/2013. Signed by Magistrate Judge Michael R Merz on 05/15/13. (pb1)
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Filing
13
ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 12 ). It is hereby ORDERED that Petitioner's Motion for Class Certification (Doc. 8 ) is DENIED. Signed by Judge Timothy S. Black on 5/3/2013. (mr1)
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Filing
12
REPORT AND RECOMMENDATIONS ON MOTION FOR CLASS CERTIFICATION (Doc. 8 ) AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Doc. 7 ) - It is respectfully recommended that the Motion for Class Certification be denied. While the Court has authority to appoint counsel to represent indigent habeas corpus petitioners, in the current state of budgeting under the Criminal Justice Act, that authority must be reserved for cases where appointment is required by law, to wit, cases where an evidentiary h earing is ordered. Accordingly, the Motion to Appoint Counsel is DENIED without prejudice to its renewal if an evidentiary hearing is ordered in this case. Objections to R&R due by 5/2/2013. Signed by Magistrate Judge Michael R Merz on 4/15/13. (kje1)
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Filing
6
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
5
AMENDED ORDER FOR ANSWER - This case is before the court sua sponte. Given the delay in service in this case, Respondent shall, not later than April 15, 2013, file an answer showing the true cause of Petitioners detention. Signed by Magistrate Judge Michael R Merz on 03/13/13. (pb1)
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Filing
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ORDER FOR ANSWER. Signed by Magistrate Judge Michael R Merz on 02/19/13. (pb1)
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