Williams v. Kasich et al
| Melody Williams |
| John Kasich, Timothy Young and Warden, Dayton Correctional Institution |
| 3:2015cv00254 |
| July 27, 2015 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R. Merz |
| Walter H Rice |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
18
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Motion for Certificate of Appealability filed by Melody Williams, 17 Report and Recommendations, 16 Motion for Reconsideration filed by Melody Williams, - It is ORDERED that Petitioner' ;s Motion for Reconsideration 16 is 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 Thomas M. Rose on 10-27-2015. (de)(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
17
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Motion for Reconsideration be DENIED. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court sh ould 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 10/16/2015. Signed by Magistrate Judge Michael R. Merz on 9/28/2015. (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
10
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court orders the Complaint herein DISMISSED without prejudice for want of prosecution. Signed by Judge Thomas M. Rose on 9-3-2015. (de)(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
3
REPORT AND RECOMMENDATIONS REGARDING PARTIES; ORDER FOR AMENDED PLEADING - The Magistrate Judge makes the following procedural recommendations: 1. Governor Kasich and Public Defender Young must be dismissed as defendants or respondents. The only pr oper respondent in a habeas corpus case is the petitioner's custodian, in this case Warden Jackson. 2. A habeas corpus case cannot proceed on a class action basis because the facts and circumstances of each persons conviction are what is in issu e in a habeas case and those are facts not in common. Moreover, a person proceeding pro se is not an appropriate representative of a class. Therefore the class allegations in the Complaint should be stricken. It is also ORDERED that the Clerk furnish Plaintiff with a copy of the standard form prescribed by the Habeas Rules. Ms. Williams is ORDERED to complete and file a Petition in that form not later than August 14, 2015. Failure to comply with this Order will result in a recommendation to dism iss the case for want of prosecution. Objections to R&R due by 8/14/2015), ORDER -. Signed by Magistrate Judge Michael R. Merz on 7/28/2015. (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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