Jones v. Warden, Ross Correctional Institution
| Timothy Jones |
| Warden, Ross Correctional Institution |
| 3:2015cv00164 |
| May 6, 2015 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| ROSS |
| Michael R. Merz |
| Walter H Rice |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
50
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATEJUDGE'S REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT (DOC. # 39 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT (DOC. # 43 ); OVERRULING PETI TIONER'S OBJECTIONS THERETO (DOCS. ## 40 , 46 ); OVERRULING PETITIONER'S REQUEST TO REOPEN HIS 28 U.S.C. 2254 HABEAS CORPUS PETITION PURSUANT TO FED. R. CIV. P. 60(b) (DOC. # 38 ); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST P ETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; CASE TO REMAIN TERMINATED. Signed by Judge Walter H. Rice on 4/28/2017. (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
43
SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT - The Motion for Relief from Judgment (ECF No. 38) should be denied. Objections to R&R due by 4/17/2017. Signed by Magistrate Judge Michael R. Merz on 3/31/2017. (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
42
RECOMMITTAL ORDER - This case is before the Court on Petitioner's Objections (ECF No. 40 ) to the Magistrate Judge's Report and Recommendations (ECF No. 39 ). 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 analy zing the Objections and making recommendations based on that analysis. Signed by Judge Walter H. Rice on 3/29/2017. (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
35
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 33 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. # 34 ); OVERRULING PETITIONER'S REQUEST FOR A DELAYED APPEAL (DOC. # 31 . Signed by Judge Walter H. Rice on 8/30/16. (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
33
REPORT AND RECOMMENDATIONS - Petitioner's motion for delayed appeal, construed as a motion to reopen, is untimely and should be denied. Objections to R&R due by 8/25/2016. Signed by Magistrate Judge Michael R. Merz on 8/5/2016. (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
25
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATEJUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 15 ), SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 18 ), AND SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 22 ); OVERRULING PETITIONER& #039;S OBJECTIONS THERETO (DOCS. ## 16 , 19 , 20 , 22 ); DISMISSING PETITION FOR WRIT OF HABEAS CORPUS (DOC. # 1 ) WITH PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING ANTICIPATED MOTION FOR CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/31/2016. (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
22
SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of Petitioner's Objections, the Magistrate Judge again concludes the Objections should be overruled and the Petition dismissed with prejudice. Because reasona ble 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 12/28/2015. Signed by Magistrate Judge Michael R. Merz on 12/9/2015. (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
18
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections, the Magistrate Judge again respectfully recommends that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with t his 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 12/7/2015. Signed by Magistrate Judge Michael R. Merz on 11/19/2015. (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
15
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Timothy Jones Objections to R&R due by 11/16/2015. Signed by Magistrate Judge Michael R. Merz on 10/29/2015. (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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| Petitioner: Timothy Jones | |
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| Respondent: Warden, Ross Correctional Institution | |
| Represented By: | Maura O'Neill Jaite |
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