Brown v. Warden, Warren Correctional Institution
Defendant: Warden, Warren Correctional Institution
Petitioner: Jeffrey Antonio Brown
Case Number: 3:2017cv00080
Filed: March 8, 2017
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
November 13, 2018 Opinion or Order Filing 103 ORDER denying 102 Motion for Reconsideration - Petitioners "Writ" is without merit. The Court again concludes his purported Power ofAttorney has no relevance to these proceedings. The "Writ" is DENIED. Signed by Judge Thomas M. Rose on 11-13-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 31, 2018 Opinion or Order Filing 101 ORDER overruling 100 Objection to Magistrate Judge Order -Petitioners Objections are without merit. His purported Power of Attorney has no relevance to these proceedings. The Objections are OVERRULED. Signed by Judge Thomas M. Rose on 10-31-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 27, 2018 Opinion or Order Filing 97 ORDER denying 96 Corrected Motion for Default Judgment. Signed by Judge Thomas M. Rose on 9-27-2018. (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, 2018 Opinion or Order Filing 95 ORDER denying 94 Motion for Default Judgment. Because the appeal is still pending, the Motion is DENIED. Signed by Judge Thomas M. Rose on 9-19-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 17, 2018 Opinion or Order Filing 93 DECISION AND ORDER denying 92 "Writ" for Certificate of Appealability. Signed by Judge Thomas M. Rose on 8-17-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 19, 2018 Opinion or Order Filing 87 DECISION AND ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT 86 . Signed by Judge Thomas M. Rose on 7-19-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 29, 2018 Opinion or Order Filing 80 DECISION AND ORDER denying 79 Motion for Reconsideration- This habeas corpus case under 28 U.S.C. Section 2254 is before the Court on Petitioner's Motionfor Reconsideration 79 . The Court finds the Motion is without merit and it is hereby DENIED. Signed by Judge Thomas M. Rose on 6-29-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 26, 2018 Opinion or Order Filing 78 DECISION AND ORDER denying 77 Motion for Reconsideration - This habeas corpus case under 28 U.S.C. Section 2254 is before the Court on Petitioner's Motion for Reconsideration 77 . The Court finds the Motion is without merit and it is hereby DENIED. Signed by Judge Thomas M. Rose on 6-26-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 18, 2018 Opinion or Order Filing 76 DECISION AND ORDER - This case is before the Court on Petitioner's Objections 57 to the Magistrate Judge's Supplemental Memorandum on Motion for Evidentiary Hearing 48 . These Objections are dealt with in the Court's Corrected Deci sion and Order and are hereby expressly overruled. This ruling renders moot Petitioner's Objections 58 to the Magistrate Judge's denial of extension of time to file objections to the Supplemental Memorandum Opinion on Evidentiary Hearing . On May 15, 2018, Petitioner filed his Writ of District Judge to Review the Entire Record 60 . Despite his later objection to the Courts construing his writs as motions, in this Writ he moves for District Judge review of the entire record. As the Magistrate Judge has recommended 62 , Petitioner's Objections 67 are without merit and are overruled. Petitioner's Objections 63 to the Magistrate Judge's Order to Amend the Caption 56 are moot because the Magistrate Judge amend ed the caption back to the caption Petitioner used when he filed the case (with the exception of correcting an error in the spelling of Respondent's name). Signed by Judge Thomas M. Rose on 6-18-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 6, 2018 Opinion or Order Filing 72 DECISION AND ORDER overruling Objections 70 to the Magistrate Judge's Decision and Order/Report and Recommendations 65 . Signed by Judge Thomas M. Rose on 6-6-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 1, 2018 Opinion or Order Filing 71 REPORT AND RECOMMENDATIONS re 69 MOTION for New Trial filed by Jeffrey Antonio Brown El - Petitioner is entitled to due process of law because he is a person within the territorial jurisdiction of the United States of America. His status as a Moorish American, whatever that means, does not entitled him to any more or less due process than any other person within that territorial jurisdiction. This is not a consular court, but a court established by the Congress of the United States pu rsuant to Article III of the Constitution. Petitioner has no right to have this case heard in a consular court.Therefore Petitioners instant Motion should be denied in its entirety. Objections to R&R due by 6/15/2018. Signed by Magistrate Judge Michael R. Merz on 6/1/18. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 22, 2018 Opinion or Order Filing 65 DECISION AND ORDER; REPORT AND RECOMMENDATIONS - Petitioners various objections are without merit and should be overruled. Objections to R&R due by 6/5/2018. Signed by Magistrate Judge Michael R. Merz on 5/22/18. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 21, 2018 Opinion or Order Filing 64 RECOMMITTAL ORDER - re 63 Objection to Magistrate Judge Order filed by Jeffrey Antonio Brown El. This habeas corpus case under 28 U.S.C. Section 2254 is before the Court on Petitioner's Objections 63 to the Magistrate Judge's Order to Amend the Caption 56 . The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. This matter is hereby returned to the Magistrate Judge wit h instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Thomas M. Rose on 5-21-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 16, 2018 Opinion or Order Filing 62 REPORT AND RECOMMENDATIONS ON "WRIT" FOR REVIEW - Brown Els "Writ for District Judge to Review the Entire Record," construed as a motion, should be DENIED. Objections to R&R due by 5/30/2018. Signed by Magistrate Judge Michael R. Merz on 5/16/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 4, 2018 Opinion or Order Filing 53 DECISION AND ORDER ADOPTING MAGISTRATE JUDGE'S SUBSTITUTED REPORT AND RECOMMENDATIONS 41 . The Petition herein is DISMISSED with PREJUDICE. Signed by Judge Thomas M. Rose on 5-4-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 11, 2018 Opinion or Order Filing 43 DECISION AND ORDER ON RENEWED MOTION TO EXPAND THE RECORD 42 . Signed by Magistrate Judge Michael R. Merz on 4/11/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 5, 2018 Opinion or Order Filing 41 SUBSTITUTED REPORT AND RECOMMENDATIONS- The Magistrate Judge again recommends that Petitioner be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore shou ld not be permitted to proceed in forma pauperis. Objections to R&R due by 4/19/2018. Signed by Magistrate Judge Michael R. Merz on 4/5/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 27, 2018 Opinion or Order Filing 39 RECOMMITTAL ORDER - re 38 Objection to Report and Recommendations filed by Jeffrey Antonio Brown - 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 is hereby returned to the Magistrate Judge withinstructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Thomas M. Rose on 3-27-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 27, 2018 Opinion or Order Filing 34 SECOND REPORT AND RECOMMENDATIONS; ORDER TO CLERK TO FURNISH PETITION - Having reconsidered the matter as directed, the Magistrate Judge again respectfully recommends that the Petition be dismissed with prejudice, that the Court deny a certificate of appealability, and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 3/13/2018. Signed by Magistrate Judge Michael R. Merz on 2/27/2018. (kpf)(This document and a copy of his petition has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 23, 2018 Opinion or Order Filing 33 RECOMMITTAL ORDER - re 31 Supplement Report and Recommendations and 32 Objection filed by Jeffrey Antonio Brown - The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after furth er analysis by the Magistrate 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 second supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Thomas M. Rose on 2-23-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 8, 2018 Opinion or Order Filing 31 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections, the Magistrate Judge again respectfully recommends that the Petition be dismissed with prejudice, that Brown be denied a certificate of appealabilit y, and that this Court certify to the Sixth Circuit that an appeal would not be taken in good faith. Objections to R&R due by 2/22/2018. Signed by Magistrate Judge Michael R. Merz on 2/8/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 31, 2018 Opinion or Order Filing 30 RECOMMITTAL ORDER - re 29 Objection to Report and Recommendations filed by Jeffrey Antonio Brown. 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 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 1-31-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 20, 2017 Opinion or Order Filing 26 REPORT AND RECOMMENDATIONS re 4 Petition for Writ of Habeas Corpus filed by Jeffrey Antonio Brown. Based on the foregoing analysis, it is respectfully recommended that the Petition herein 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 1/3/2018. Signed by Magistrate Judge Michael R. Merz on 12/20/17. (pb)(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 24 DECISION AND ORDER ON MOTION TO EXPAND THE RECORD 23 . 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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Petitioner: Jeffrey Antonio Brown
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Defendant: Warden, Warren Correctional Institution
Represented By: Jerri Lynne Fosnaught
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