Powell v. Ross Correctional Facility
Petitioner: Cedric E. Powell
Respondent: Ross Correctional Facility
Case Number: 3:2016cv00109
Filed: March 29, 2016
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
December 18, 2018 Opinion or Order Filing 71 ENTRY AND ORDER OVERRULING PETITIONER'S OBJECTIONS 56 63 70 TO MAGISTRATE JUDGE MICHAEL R. MERZ'S REPORT AND RECOMMENDATION 48 , SUPPLEMENTAL REPORT AND RECOMMENDATION 58 AND SECOND SUPPLEMENTAL REPORT AND RECOMMENDATION 65 ; ADOP TING IN THEIR ENTIRETY THE REPORTS AND RECOMMENDATIONS 48 58 65 ; DISMISSING WITH PREJUDICE THE PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS, DENYING PETITIONER A CERTIFICATE OF APPEAL ABILITY AND PERMISSION TO APPEAL IN FORMA PAUPERIS AND TERMINATING CASE. Signed by Judge Thomas M. Rose on 12-18-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 3, 2018 Opinion or Order Filing 64 RECOMMITTAL ORDER - This case is before the Court on Petitioners Objections 63 to the Magistrate Judge's Supplemental Report and Recommendations 58 ).The District Judge has preliminarily considered the Objections and believes they will be mor e appropriately resolved after further analysis by the Magistrate Judge. Pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a second supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Thomas M. Rose on 7-3-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 9, 2018 Opinion or Order Filing 58 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections, the Magistrate Judge again recommends 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 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 5/23/2018. Signed by Magistrate Judge Michael R. Merz on 5/9/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 7, 2018 Opinion or Order Filing 48 REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends 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 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 2/21/2018. Signed by Magistrate Judge Michael R. Merz on 2/7/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 15, 2017 Opinion or Order Filing 38 RECOMMITTAL ORDER - re 37 Objection to Report and Recommendations filed by Cedric E. Powell - The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magi strate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Thomas M. Rose on 11-15-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 7, 2017 Opinion or Order Filing 36 REPORT AND RECOMMENDATIONS -It is respectfully recommended that the Amended 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 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 11/21/2017. Signed by Magistrate Judge Michael R. Merz on 11/7/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 15, 2017 Opinion or Order Filing 16 DECISION AND ORDER DENYING RENEWED MOTION TO STAY 15 . Petitioner's reply to the Return of Writ remains due on June 5, 2017. Signed by Magistrate Judge Michael R. Merz on 5/15/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 14, 2017 Opinion or Order Filing 9 DECISION AND ORDER DENYING MOTION TO STAY 8 . Signed by Magistrate Judge Michael R. Merz on 2/14/2017. (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: Cedric E. Powell
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Respondent: Ross Correctional Facility
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