Wilson v. Warden Lebanon Correctional Institution
| Keith Wilson |
| Warden Lebanon Correctional Institution |
| 3:2014cv00176 |
| June 5, 2014 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R Merz |
| Walter H Rice |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
18
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 17 ); DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS (DOC. #[1 ]); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 5/27/16. (pb)(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
17
REPORT AND RECOMMENDATIONS - 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 sh ould certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 5/2/2016. Signed by Magistrate Judge Michael R. Merz on 4/13/2016. (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
8
ORDER DISSOLVING STAY' ORDER TO RESPONDENT TO ANSWER re 1 and 3 - ORDERED that Respondent shall, not later than December 15, 2015, file an answer conforming to the requirements of Rule 5 of the Rules Governing '2254 Cases. Specifical ly, said answer shall respond to each allegation made in the Petition, raise any affirmative defense relied on by Respondent, and state whether, from Respondent's perspective, any claim in the Petition is barred by a failure to exhaust state rem edies, a procedural bar, non-retroactivity, or a statute of limitations. Signed by Magistrate Judge Michael R. Merz on 10/19/2015. (srb)(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
3
ORDER STAYING CASE - Accordingly, it is hereby ORDERED that this case be STAYED pending the outcome of Petitioners pending state court proceedings. Wilson shall keep this Court currently informed of the status of those proceedings. In order best to reflect the status of this matter on our docket, the Clerk is ordered to ADMINISTRATIVELY PROCESS this case. Signed by Magistrate Judge Michael R Merz on 6/6/2014. (gh1)
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| Petitioner: Keith Wilson | |
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| Respondent: Warden Lebanon Correctional Institution | |
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