Farmer v. Warden, Marion Correctional Institution
| David A Farmer |
| Warden, Marion Correctional Institution |
| 3:2015cv00389 |
| October 27, 2015 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R. Merz |
| Thomas M. Rose |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
23
ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 and 20 -It is hereby ORDERED that Petitioner's Motion to Alter or Amend the Judgment 9 and Petitioner's Motion for Removal of Magistrate Judge 19 are DENIED. Petitioner is also 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 3-18-2016. (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
20
REPORT AND RECOMMENDATIONS ON MOTION FOR REMOVAL OF MAGISTRATE JUDGE - Because Petitioner has shown no violation of law in the Magistrate Judge's exercise of jurisdiction over the post-judgment matters in this case, his Motion for Removal shoul d 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 objectively frivolous and therefor e should not be permitted to proceed in forma pauperis. Objections to R&R due by 3/10/2016. Signed by Magistrate Judge Michael R. Merz on 2/22/2016. (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
15
SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION TO AMEND THE JUDGMENT - Most of the arguments made in this new filing have already been dealt with in the Supplemental Report and Recommendations. Farmer is unclear upon which issue he seeks a certificate of appealability. If it is on the substance of his habeas corpus petition, Judge Rose has already decided that no certificate should be permitted on those issues (Entry and Order, ECF No. 8, PageID 32-33). Farmer is of course free to re- apply to the Sixth Circuit for such a certificate. Because he has not shown any other jurist who agrees with his position, Farmer should be denied a certificate of appealability on the question whether the Magistrate Judge properly considered and re ndered a report and recommendations on the Rule 59(e) motion under 28 U.S.C. § 636(b)(2)(3). Objections to R&R due by 2/16/2016. Signed by Magistrate Judge Michael R. Merz on 1/28/2016. (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
13
SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION TO AMEND THE JUDGMENT - Farmer's Objections are not well taken and should be overruled. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certifica te 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 2/12/2016. Signed by Magistrate Judge Michael R. Merz on 1/26/2016. (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
REPORT AND RECOMMENDATIONS ON MOTION TO AMEND THE JUDGMENT - It is respectfully recommended that Petitioner's Motion to Alter or Amend the Judgment (ECF No. 9) be DENIED. Because reasonable jurists would not disagree with this conclusion, Pe titioner 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 1/28/2016. Signed by Magistrate Judge Michael R. Merz on 1/11/2016. (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
8
ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 6 -The Court DISMISSES the Petition for Writ of Habeas Corpus 2 with prejudice, as reasonable jurists would not disagree with this conclusion, Farmer is DENIED a certificate of appealability, the Court further CERTIFIES to the Sixth Circuit that any appeal would be objectively frivolous and therefore Farmer should not be permitted to proceed in forma pauperis; and the Clerk is ORDERED to terminate this case on the docket of this Court. Signed by Judge Thomas M. Rose on 12-22-2015. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 12/22/2015 (de).
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Filing
6
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 12/4/2015. Signed by Magistrate Judge Michael R. Merz on 11/17/2015. (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
3
REPORT AND RECOMMENDATIONS - Farmer's habeas corpus claims are barred by his procedural default in presenting them to the state courts. His Petition should therefore be dismissed with prejudice. 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 11/16/2015. Signed by Magistrate Judge Michael R. Merz on 10/28/2015. (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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