Howard v. Warden, London Correctional Institution
| Everette E. Howard |
| Warden, London Correctional Institution |
| 3:2017cv00015 |
| January 17, 2017 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MADISON |
| Michael R. Merz |
| Thomas M. Rose |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
44
DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ, 35 39 , OVERRULING PETITIONER'S OBJECTIONS TOMAGISTRATE'S REPORT AND RECOMMENDATIONS, 36 41 , AND DENYING PETITIONER'S MO TIONS FOR A CERTIFICATE OF APPEALABILITY. 33 34 THE CASE REMAINS TERMINATED. Signed by Judge Thomas M. Rose on 1-26-2018. (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
39
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Petitioner's Motion for Certificate of Appealability (ECF No. 34) should be denied as untimely if it is construed as he requests or denied as without merit as recommended in the Report (ECF No. 35). I n either event because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability on the Courts ruling on the referenced Motion 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 12/29/2017. Signed by Magistrate Judge Michael R. Merz on 12/14/2017. (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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Filing
38
RECOMMITTAL ORDER - The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter i s 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 12-14-2017. (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
35
REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Court deny Howards instant Motion (ECF Nos. 33 & 34), construed as a motion for relief from judgment. Objections to R&R due by 12/15/2017. Signed by Magistrate Judge Michael R. Merz on 12/1/2017. (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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Filing
29
DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ (DOC. 21 ), OVERRULING PETITIONER'S OBJECTIONS TO MAGISTRATE'S REPORT AND RECOMMENDATIONS, (DOC. 18 , 24 ), DENYING PETITION FOR W RIT OF HABEAS CORPUS, (DOC. 1 ), AND TERMINATING THE INSTANT CASE : Because reasonable jurists would not disagree with this conclusion, Petitioner is hereby denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore Petitioner will not be permitted to proceed in forma pauperis. Signed by Judge Thomas M. Rose on 10/3/17. (ep)(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
21
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of Mr. Howards Objections, the Magistrate Judge again respectfully recommends that the Petition be dismissed with prejudice. Because reasonable jurists would not disagr ee 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 7/5/2017. Signed by Magistrate Judge Michael R. Merz on 6/20/2017. (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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Filing
13
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 6/15/2017. Signed by Magistrate Judge Michael R. Merz on 6/1/2017. (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: Everette E. Howard | |
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| Respondent: Warden, London Correctional Institution | |
| Represented By: | M Scott Criss |
| Represented By: | Maura O'Neill Jaite |
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