Lee v. Warden, Madison Correctional Institution
Michael A Lee |
Warden Madison Correctional Institution |
3:2015cv00244 |
July 7, 2015 |
US District Court for the Southern District of Ohio |
Dayton Office |
MONTGOMERY |
Michael R. Merz |
Walter H Rice |
General |
28 U.S.C. ยง 1651 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 15 DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 13 ); OVERRULING PETITIONER'S RENEWED MOTION FOR CERTIFICATE OF APPEALABILITY, WHICH HAS BEEN DOCKETED AS A NOTICE OF APPEAL (DOC. # 11 ) - Based on the reasoning and citations of authority set forth by United States Magistrate Judge Michael R. Merz, in his Report and Recommendations, Doc. # 13 , as well as upon a thorough de novo review of this Court's file and the applicable law, the Court ADOPTS said judicial filing, and OVERRULES Petitioner's Renewed Motion for a Certificate of Appeal ability, docketed by the Clerk as a Notice of Appeal, Doc. # 11 . The Court notes that, although Petitioner was notified of hi s right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections have been filed within the time allotted. Signed by Judge Walter H. Rice on 11/14/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 13 ORDER TO THE CLERK; REPORT AND RECOMMENDATIONS - Per direction of the Clerk of the Sixth Circuit, the Motion is to be shown on this Court's docket as a Notice of Appeal with a "filed" date of September 23, 2016 (ECF No. 11-1, PageID 98). The Clerk shall amend the docket accordingly. It is respectfully recommended that Mr. Lee's renewed motion for certificate of appealability be DENIED. Objections to R&R due by 11/4/2016. Signed by Magistrate Judge Michael R. Merz on 10/18/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 8 DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (ECF # 3 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (ECF # 6 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (ECF # # 4 , 7 ); DISMISSING PETITION FOR WRIT OF HABEAS CORPUS (ECF # 2 ) WITH PREJUDICE; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; TERMAINATION ENTRY. Signed by Judge Walter H Rice on 8/26/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 6 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections, the Magistrate Judge again respectfully recommends the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this co nclusion, 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 8/17/2015. Signed by Magistrate Judge Michael R. Merz on 7/30/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 3 REPORT AND RECOMMENDATIONS - The Petitioner herein should be dismissed with prejudice on initial review. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court shou ld 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 7/31/2015. Signed by Magistrate Judge Michael R. Merz on 7/14/2015. (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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Petitioner: Michael A Lee | |
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Respondent: Warden Madison Correctional Institution | |
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