Waller vs. Warden Terry Tibbals
Petitioner: Jason W Waller
Respondent: Warden Terry Tibbals
Case Number: 3:2015cv00310
Filed: September 4, 2015
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Michael R. Merz
Presiding Judge: Thomas M. Rose
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 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
January 19, 2017 Opinion or Order Filing 33 ENTRY AND ORDER OVERRULING OBJECTIONS 25 32 ADOPTING REPORT AND RECOMMENTATIONS 22 AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS 27 DENYING PLAINTIFF'S GROUNDS FOR RELIEF AND DISMISSING PETITIONER'S PETITION, DENYING PETITIONER'S REQUESTED CERTIFICATE OF APPEALABILITY ON BOTH GROUNDS, TERMINATING SAID CASE ON THE COURT'S DOCKET. Signed by Judge Thomas M. Rose on 1-19-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 19, 2016 Opinion or Order Filing 27 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that the Petition be DISMISSED WITH PREJUDICE. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealabili ty 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 10/6/2016. Signed by Magistrate Judge Michael R. Merz on 3/16/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 19, 2016 Opinion or Order Filing 22 REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court s hould certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted toproceed in forma pauperis. Objections to R&R due by 8/5/2016. Signed by Magistrate Judge Michael R. Merz on 7/19/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 16, 2015 Opinion or Order Filing 14 DECISION AND ORDER DENYING SECOND MOTION FOR STAY 13 . Signed by Magistrate Judge Michael R. Merz on 12/16/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 3, 2015 Opinion or Order Filing 12 DECISION AND ORDER DENYING MOTION FOR STAY - Petitioner's Motion for Stay and Abeyance (ECF No. 10) is DENIED without prejudice to its renewal upon a showing of what claims Petitioner intends to exhaust and what state remedies he intends to pursue. Signed by Magistrate Judge Michael R. Merz on 12/3/2015. (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: Jason W Waller
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Respondent: Warden Terry Tibbals
Represented By: M Scott Criss
Represented By: William H Lamb
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