Howard v. Warden, London Correctional Institution
Petitioner: Everette E. Howard
Respondent: Warden, London Correctional Institution
Case Number: 3:2017cv00015
Filed: January 17, 2017
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MADISON
Presiding Judge: Michael R. Merz
Presiding Judge: Thomas M. Rose
Nature of Suit: General
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 26, 2018 Opinion or Order 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.)
December 15, 2017 Opinion or Order 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.)
December 14, 2017 Opinion or Order 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.)
December 1, 2017 Opinion or Order 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.)
October 4, 2017 Opinion or Order 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.)
June 21, 2017 Opinion or Order 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.)
June 1, 2017 Opinion or Order 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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