Lee v. Warden, Madison Correctional Institution
Petitioner: Michael A Lee
Respondent: Warden Madison Correctional Institution
Case Number: 3:2015cv00244
Filed: July 7, 2015
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Michael R. Merz
Presiding Judge: Walter H Rice
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 1651
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
November 15, 2016 Opinion or Order 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.)
October 18, 2016 Opinion or Order 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.)
August 27, 2015 Opinion or Order 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.)
July 30, 2015 Opinion or Order 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.)
July 14, 2015 Opinion or Order 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.)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Lee v. Warden, Madison Correctional Institution
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Michael A Lee
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Warden Madison Correctional Institution
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?