Clark v. Warden, Trumbull Correctional Institution
| David E. Clark |
| Warden, Trumbull Correctional Institution |
| 3:2017cv00151 |
| May 3, 2017 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| XX US, Outside State |
| Michael R. Merz |
| Walter H. Rice |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
67
DECISION AND ENTRY SUSTAINING PETITIONERS MOTION TO CONDUCT DISCOVERY (DOC. # 53 ); SUSTAINING RESPONDENTS MOTION TO CONDUCT DISCOVERY (DOC. # 64 ). Signed by Judge Walter H. Rice on 11/19/20. (srb)
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Filing
63
ORDER VACATING REFERENCE - This habeas corpus case was automatically referred to Magistrate Judge Michael R. Merz upon filing, pursuant to General Order Day 13-01. That reference is hereby VACATED. Magistrate Judge Merz shall have no further responsibility for matters in this case, including the pending Motion for Discovery (ECF No. 53 ) unless and until a further specific order of reference is entered. Signed by Judge Walter H. Rice on 11/03/2020. (srb)
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Filing
47
ORDER APPOINTING COUNSEL UNDER THE CRIMINAL JUSTICE ACT - This Court, Sua Sponte, appoints J. Steven Justice, of the CJA panel for the Southern District of Ohio to represent Petitioner in all further aspects of the captioned cause. Signed by Judge Walter H. Rice on 5/18/2020. (srb)
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Filing
44
DECISION AND ENTRY ADOPTING IN PART AND REJECTING IN PART UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 37 ); SUSTAINING IN PART AND OVERRULING IN PART PETITIONER'S OBJECTIONS (DOCS. ## 35 AND 39 ) TO UNITED STATES M AGISTRATE JUDGE'S ORDERS (DOCS. ## 18 , 27 , 29 , 34 ) AND REPORT AND RECOMMENDATIONS; OVERRULING RESPONDENT'S MOTION TO DISMISS PETITION ASTIME-BARRED (DOC. # 23 ) WITHOUT PREJUDICE TO RENEWAL FOLLOWING AN EVIDENTIARY HEARING; COURT TO APPOINT COUNSEL AND SET EVIDENTIARY HEARING. Signed by Judge Walter H. Rice on 3/25/19. (kma)(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
37
SUPPLEMENTAL MEMORANDUM ON OBJECTIONS;REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS - The Magistrate Judge respectfully recommends that the Petition herein be dismissed with prejudice as barred by the statute of limitations. Because reasonable ju rists 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 pro ceed in forma pauperis. Objections to R&R due by 2/8/2018. Signed by Magistrate Judge Michael R. Merz on 1/25/2018. (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
36
RECOMMITAL ORDER - This case is before the Court on Petitioner's Objections (ECF No. 35 ) to the Magistrate Judge's Decision and Order of December 6, 2017 (ECF No. 27 ); his Decision and Order of December 8, 2017 (ECF No. 29 ); and his Order of January 4, 2018 (ECF No. 34 ). 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. 7 2(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental opinion analyzing the Objections and making recommendations based on that analysis. Signed by Judge Walter H. Rice on 1/24/2018. (srb)(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
34
ORDER SUBSTITUTING RESPONDENT AND CHANGING PETITIONER'S ADDRESS OF RECORD - Accordingly, it is hereby ORDERED that Jeff Noble, Warden of the Madison Correctional Institution be SUBSTITUTED as the Respondent in this case. The Clerk is ORDERED to change Petitioners address of record to Madison Correctional Institution 1851 State Route 56 P.O. Box 740London, Ohio 43140. Although Petitioner began using this address as early as July 2017 (See ECF No. 12 ), he has never formally notified th e Clerk of a change of address nor, apparently, ever thought that the delay in his receiving mail might have to do with this lack of notice as opposed to failures of prison personnel to comply with policy. Signed by Magistrate Judge Michael R. Merz on 1/4/2018. (srb)(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
32
ORDER - Clarks request for an additional sixty days to respond to the pending Motion to Dismiss is DENIED. Clarks time to respond remains set at January 18, 2018. Signed by Magistrate Judge Michael R. Merz on 1/3/2018. (srb)(This document along with document 27 and 29 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
11
ORDER EXTENDING TIME; ORDER TO THE CLERK - Petitioners request for a copy of his Petition and Motion for Appointment of Counsel (ECF No. 2 ) showing the electronically supplied PageID numbers is GRANTED. The Clerk shall print such a copy and prov ide it to Petitioner without charge. Show Cause Response due by 7/31/2017.. Signed by Magistrate Judge Michael R. Merz on 6/5/2017. (srb)(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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