Black v. Montgomery County Court of Common Pleas et al
| Cory O. Black |
| Warden, Southern Ohio Correctional Facility |
| 3:2017cv00407 |
| December 4, 2017 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R. Merz |
| Walter H. Rice |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
17
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 8 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 11 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. ## 9 , 12 , 13 AND 16 ); DIS MISSING PETITION FOR WRIT OF HABEAS CORPUS (DOC. # 7 ) WITH PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENTS AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY- Accordingly, the C ourt DISMISSES the Petition Under 28 U.S.C. § 2254 forWrit of Habeas Corpus (Doc. # 7 ) WITH PREJUDICE. Given that Petitioner has not made a substantial showing of the denial of a constitutional aright and, further, that the Court's decisi on herein would not be debatable among reasonable jurists, and because any appeal from this court's decision would be objectively frivolous, Petitioner is denied a certificate of appealability, and is denied leave to appeal in forma pauperis. Ju dgment will be entered in favor of Respondents and against Petitioner. The captioned case is hereby ordered terminated upon the docket records of the United States District Court of the Southern District of Ohio, Western Division, at Dayton. Signed by Judge Walter H. Rice on 9/28/18. (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
11
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again respectfully recommends that Petition herein be dismissed with prejudice as barred by the statute of limitations. Because reasonable jurists would not disagree with this conclusi on, 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 2/7/2018. Signed by Magistrate Judge Michael R. Merz on 1/24/2018. (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
10
RECOMMITTAL ORDER - This case is before the Court on Petitioner's Objections (ECF No. 9 ) to the Magistrate Judge's Report and Recommendations (ECF No. 8 ). The District Judge has preliminarily considered the Objections and believes th ey 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 thatanalysis.. Signed by Judge Walter H. Rice on 1/22/18. (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
8
REPORT AND RECOMMENDATIONS - Therefore it is respectfully recommended that the Petition herein be dismissed with prejudice as barred by the statute of limitations unless Petitioner provides some legally adequate explanation of the delay in any object ions he files to this Report. 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 frivol ous and therefore should not be permitted to proceed in forma pauperis. re 7 Objections to R&R due by 1/17/2018. Signed by Magistrate Judge Michael R. Merz on 1/3/18. (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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| Plaintiff: Cory O. Black | |
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| Defendant: Warden, Southern Ohio Correctional Facility | |
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