Russell v. Warden, North Central Corectional Complex
Petitioner: Christopher M Russell
Respondent: Warden, North Central Corectional Complex
Case Number: 3:2015cv00165
Filed: May 7, 2015
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: CLARK
Presiding Judge: Michael R. Merz
Presiding Judge: Walter H Rice
Nature of Suit: General
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 27, 2017 Opinion or Order Filing 59 DECISION AND ENTRY OVERRULING PETITIONER'S OBJECTION (DOC. # 52 ) TO UNITED STATES MAGISTRATE JUDGE'S DECISION AND ORDER DENYING MOTION TO STRIKE BUT GRANTING REOPENING OF PETITIONER'S TIME TO APPEAL DENIAL OF HIS RULE 60(b) MOTION; A DOPTING REPORT AND RECOMMENDATION ON APPEAL IN FORMA PAUPERIS(DOC. # 50 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATION (DOC. # 57 ); OVERRULINGPETITIONER'S OBJECTIONS THERETO (DOC. # 58 ); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; CASE TO REMAIN TERMINATED. Signed by Judge Walter H. Rice on 6/26/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 26, 2017 Opinion or Order Filing 57 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - In sum, Mr. Russell's Objection is without merit and the District Court should overrule it. Objections to R&R due by 5/10/2017. Signed by Magistrate Judge Michael R. Merz on 4/26/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 26, 2016 Opinion or Order Filing 43 DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 34 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 40 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ## 37 , 42 ); DENYING PETITION ER'S MOTION REQUESTING RELIEF FROM JUDGMENT UNDER FED. R. CIV. P. 60(b)( 1) (DOC. # 33 ); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPER/S; CASE TO REMAIN TERMINATED. Signed by Judge Walter H. Rice on 9/26/2016. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 4, 2016 Opinion or Order Filing 40 SUPPLEMENTAL REPORT AND RECOMMENDATIONS; ORDER DENYING DISCOVERY AND EXPANSION OF THE RECORD - Having reconsidered the matter in light of Russell's Objections, the Magistrate Judge remains persuaded that Russell's Motion for Relief from Jud gment (ECF No. 33) should 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 objectivel y frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 8/22/2016. Signed by Magistrate Judge Michael R. Merz on 8/4/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 30, 2016 Opinion or Order Filing 34 REPORT AND RECOMMENDATIONS RE: 33 MOTION filed by Christopher M Russell Objections to R&R due by 7/18/2016. Signed by Magistrate Judge Michael R. Merz on 6/30/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 25, 2016 Opinion or Order Filing 28 DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS ON MOTION TO EXPAND THE RECORD (DOC. # 25 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. # 27 ), WHICH THE COURT CONSTRUES AS A MOTION TO AMEND THE JUDGMENT UNDER FED. R. CIV. P. 59(e); CASE TO REMAIN TERMINATED ON DOCKET. Signed by Judge Walter H. Rice on 3/24/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 4, 2015 Opinion or Order Filing 25 REPORT AND RECOMMENDATIONS ON MOTION TO EXPAND THE RECORD - The Objections, construed as a motion to amend the judgment under Fed. R. Civ. P. 59(e), should be OVERRULED and the Motion DENIED. (Objections to R&R due by 12/21/2015). Signed by Magistrate Judge Michael R. Merz on 12/4/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 10, 2015 Opinion or Order Filing 22 ORDER ADOPTING SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS for 21 Report and Recommendations,. Signed by Judge Walter H. Rice on 11/10/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 16, 2015 Opinion or Order Filing 21 SECOND SUPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that the Petition be dismissed with prejudice as barred by the statute of limitations. 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 11/2/2015. Signed by Magistrate Judge Michael R. Merz on 10/16/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 21, 2015 Opinion or Order Filing 18 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Upon reconsideration the Magistrate Judge again respectfully recommends the Petition be dismissed as time-barred. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denie d 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 10/8/2015. Signed by Magistrate Judge Michael R. Merz on 9/21/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 28, 2015 Opinion or Order Filing 13 REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Motion to Dismiss be granted and that the Petition be dismissed with prejudice as barred by the statute of limitations. Because reasonable jurists would not disagree with this concl usion, 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 9/14/2015. Signed by Magistrate Judge Michael R. Merz on 8/27/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 21, 2015 Opinion or Order Filing 6 DECISION AND ORDER denying 2 Motion to Stay. Signed by Magistrate Judge Michael R. Merz on 05/21/15. (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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Petitioner: Christopher M Russell
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Respondent: Warden, North Central Corectional Complex
Represented By: M Scott Criss
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