Johnson v. Warden Pickaway Correctional Institution
| Derrick L Johnson |
| Warden Pickaway Correctional Institution |
| 3:2015cv00090 |
| March 5, 2015 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| PICKAWAY |
| 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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The following documents for this case are available for you to view or download:
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Filing
98
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S FOURTH SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 93 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. # 96 ); OVERRULING MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO CIVIL RULE 60(b)(1) (DOC. # 62 ); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; CASE TO REMAIN TERMINATED ON DOCKET. Signed by Judge Walter H. Rice on 6/14/19. (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
93
FOURTH SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is respectfully recommended that the instant Motion for Relief from Judgment be denied. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificat e of appealability and the Court should 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 5/8/2019. Signed by Magistrate Judge Michael R. Merz on 4/24/2019. (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
91
RECOMMITTAL ORDER - 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 recommendations based on that analysis. Signed by Judge Walter H. Rice on 4/23/2019. (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
87
REPORT AND RECOMMENDATIONS - It is respectfully recommended that Petitioner's Motion to Strike be DENIED. Objections to R&R due by 3/19/2019. Signed by Magistrate Judge Michael R. Merz on 3/4/2019. (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
82
ORDER ADOPTING THIRD SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that Petitioner's Motion for Relief from Judgment Pursuant to Civil Rule 60(b)(l)(ECF No. 62 ) is DENIED. Because reasonable jurists would not disa gree that the Motion should be denied, Petitioner is DENIED a certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to pro ceed in forma pauperis. This case will remain closed on the Court's docket. Signed by Judge Walter H. Rice on 2/15/19. (kma)(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
81
THIRD SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT. Objections to R&R due by 2/6/2019. Signed by Magistrate Judge Michael R. Merz on 1/23/19. (kma)(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
73
SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT Objections to R&R due by 12/5/2018. Signed by Magistrate Judge Michael R. Merz on 11/21/2018. (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
70
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 67 Report and Recommendations, - Accordingly, it is hereby ORDERED that Petitioner's Motion for Relief from Judgment Pursuant to Civil Rule 60(b )(1 )(ECF No. 62 ) is DENIED. Because reasonable jurists would not disagree that the Motion should be denied, Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Walter H. Rice on 11/16/18. (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
67
SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT - Petitioner has not shown entitlement to relief from judgment. His Motion seeking that relief should therefore be DENIED. 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 frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 11/6/2018. Signed by Magistrate Judge Michael R. Merz on 10/22/2018. (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
63
REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT 62 - Petitioner's Motion for Relief from judgment should be DENIED. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certifi cate of appealability and the Court should 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 8/23/2018. Signed by Magistrate Judge Michael R. Merz on 8/9/2018. (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
60
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS {DOC. # 56 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. # 59 ); OVERRULING PETITIONER'S APPLICATION FOR A CERTIFICATE OF APPEALABILITY (DOC. # 55 )- The bottom line is that any appeal of this Court's December 18, 2017, Decision and Entry, Doc. #52, would be futile because the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus was extremely untimely, and there is no basis for equitable tolling. Petitioner has not argued otherwise. Accordingly, Petitioner's Application for Certificate of Appealability, Doc. #55, is OVERRULED. The above-captioned case shall remain terminated on the Court's docket.. Signed by Judge Walter H. Rice on 3/9/18. (kma)(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
56
REPORT AND RECOMMENDATIONS ON APPLICATION FOR CERTIFICATE OF APPEALABILITY - Petitioner has not shown that reasonable jurists would disagree with the conclusions reached by Judge Rice in the Decision and Entry appealed from. Petitioner should there fore be DENIED a certificate of appealability. Objections to R&R due by 2/27/2018. Signed by Magistrate Judge Michael R. Merz on 2/13/2018. (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
52
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS ON MOTION TO VACATE (DOC. # 41 ), REPORT AND RECOMMENDATIONS ON MOTION TO AMEND OR FROM RELIEF FROM JUDGMENT (DOC. # 44 ), AND REPORT AND RECOMMENDATIONS ON RECOMMITTAL (DOC. # 46 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ## 42 AND 51 ); OVERRULING PETITIONER'S MOTION TO VACATE AND REINSTATE CASE DUE TO LACK OF SERVICE OF THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION[S] ( DOC.# 40 ); OVERRULING PETITIONER'S MOTION TO AMEND, OR IN THE ALTERNATIVE, FOR RELIEF FROM JUDGMENT UNDER FED. R. CIV.P. 59 AND 60 (DOC. # 43 ); CASE TO REMAIN TERMINATED ONDOCKET. Signed by Judge Walter H. Rice on 12/18/17. (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
46
REPORT AND RECOMMENDATIONS ON RECOMMITTAL - It is again respectfully recommended that the Motion to Vacate (ECF No. 40) be denied. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of a ppealability and the Court should 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 11/22/2017. Signed by Magistrate Judge Michael R. Merz on 11/7/2017. (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
41
REPORT AND RECOMMENDATIONS ON MOTION TO VACATE 40 . Objections to R&R due by 10/27/2017. Signed by Magistrate Judge Michael R. Merz on 10/13/2017. (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
39
DECISION AND ORDER DENYING MOTION TO COMPEL 38 . Signed by Magistrate Judge Michael R. Merz on 10/5/2017. (kpf)(This document and attachment have 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
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS (DOC. # 35 ); SUSTAINING RESPONDENT'S MOTION TO DISMISS (DOC. # 28 ); DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS (DOC. # 5 ); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 10/2/17. (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
35
REPORT AND RECOMMENDATIONS re 28 MOTION to Dismiss case as time-barred filed by Warden Pickaway Correctional Institution - It is Recommended that Johnsons Petition is barred by the statute of limitations and should therefore be dismis sed 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 frivolous and th erefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 9/22/2017. Signed by Magistrate Judge Michael R. Merz on 9/8/17. (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
16
ORDER VACATING STAY; RENEWED REPORT AND RECOMMENDATIONS -It is ORDERED that the Stay herein be, and it hereby is, VACATED. The administrative processing of this case is also VACATED and the case is returned to the active docket. It is recommended again that the Petition herein 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 a ppeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 2/1/2017. Signed by Magistrate Judge Michael R. Merz on 1/18/2017. (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
9
ORDER STAYING CASE PENDING EXHAUSTION - Petitioner's Motion for Stay Pending Exhaustion (Doc. No. 8) is GRANTED and the Report and Recommendations are WITHDRAWN. Petitioner is ordered to keep this Court currently advised of any decision by the S econd District Court of Appeals. This Court will conduct a new initial review of the Petition after the Second District (or the Supreme Court of Ohio if it accepts jurisdiction) has decided the case. Signed by Magistrate Judge Michael R Merz on 3/17/2015. (kpf1)(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
6
REPORT AND RECOMMENDATIONS; ORDER DENYING APPOINTMENT OF COUNSEL AND EVIDENTIARY HEARING - It is therefore respectfully recommended that the Petition herein be dismissed with prejudice as barred by the statute of limitations. Petitioner's Motion s for Appointment of Counsel (Doc. No. 2) and for an Evidentiary Hearing (Doc. No. 3) are denied as moot. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court sho uld 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 3/30/2015. Signed by Magistrate Judge Michael R Merz on 3/12/2015. (kpf1)(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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| Petitioner: Derrick L Johnson | |
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