Smith v. Warden, Southern Ohio Correctional Facility
| Theodore W Smith, III |
| Warden, Southern Ohio Correctional Facility |
| 3:2013cv00065 |
| March 4, 2013 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| SCIOTO |
| Michael R Merz |
| Thomas M Rose |
| 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
13
JUDGMENT in favor of Warden, Southern Ohio Correctional Facility against Theodore W Smith, III. Case Terminated. Notice of Disposal attached. Signed on 5/16/13. (kje1)
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Filing
9
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - re 5 - Having reconsidered the case in light of Mr. Smith's Objections, the Magistrate Judge again respectfully recommends that the Petition herein be dismissed with prejudice. Because reasonable juris ts 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 not be taken in objective good faith. Objections to R&R due by 5/9/2013. Signed by Magistrate Judge Michael R Merz on 4/22/13. (kje1)
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Filing
7
RECOMMITTAL ORDER - This case is before the Court on Petitioner's Objections (Doc. No. 6 ) to the Magistrate Judge's Report and Recommendations (Doc. No. 147 ). The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, 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 and making recommendationsbased on that analysis. Signed by Judge Thomas M Rose on 4/15/13. (kje1)
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Filing
5
REPORT AND RECOMMENDATIONS - Based on the foregoing analysis, 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 unreasonable and should not be permitted to proceed in forma pauperis. Objections to R&R due by 4/8/2013. Signed by Magistrate Judge Michael R Merz on 3/20/2013. (kpf1)
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Filing
2
ORDER - It is accordingly ORDERED that Petitioner file, not later than March 26, 2013, an amended petition setting forth his claims in large enough printing by hand or in typewritten form so that it can be read by the Court. Signed by Magistrate Judge Michael R Merz on 3/5/2013. (kpf1)
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| Respondent: Warden, Southern Ohio Correctional Facility | |
| Represented By: | M Scott Criss |
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| Petitioner: Theodore W Smith, III | |
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