Glenn v. Warden, Warren Correctional Institution et al
| Prebble County Sheriff Department |
| Dustin Glenn |
| 3:2017cv00435 |
| December 28, 2017 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| PREBLE |
| 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
65
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 60 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 63 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. # 61 , 64 ); OVERRULING PETITI ONER'S EMERGENCY MOTION FOR RECONSIDERATION (DOC. # 59 ); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENTS AND AGAINST PETITIONER; CASE TO REMAIN TERMINATED. Signed by Judge Walter H. Rice on 10/16/18. (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
63
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Petitioner's Emergency Motion for Reconsideration (ECF No. 59) should be DENIED. Objections to R&R due by 10/12/2018. Signed by Magistrate Judge Michael R. Merz on 9/27/2018. (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
60
REPORT AND RECOMMENDATIONS - Petitioner's Emergency Motion for Reconsideration (ECF No. 59) should be denied. Objections to R&R due by 9/25/2018. Signed by Magistrate Judge Michael R. Merz on 9/10/2018. (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
58
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 50 - Accordingly, it is hereby ORDERED that the Petition be DISMISSED with prejudice. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States C ourt of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Walter H. Rice on 8/27/18. (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
50
REPORT AND RECOMMENDATIONS - 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 7/5/2018. Signed by Magistrate Judge Michael R. Merz on 6/20/2018. (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
38
DECISION AND ENTRY OVERRULING PETITIONER'S OBJECTION (DOC. # 29 ) TO UNITED STATES MAGISTRATE JUDGE'S DECISION AND ORDER ON MISCELLANEOUS MOTIONS (DOC. # 23 ); OVERRULING PETITIONER'S OBJECTION (DOC. # 37 ) TO UNITED STATES MAGISTRATE JUDGE'S SUPPLEMENTAL REPORT (DOC. # 36 )- Petitioner again filed an Objection, Doc. #37, arguing that Kovach has no stake in his habeas petition and, therefore, should not be listed as an "interested party." He also indicates that the Probate Court has ordered an evaluation, to be conducted prior to his release, to determine whether he needs a guardian. If and when the Probate Court terminates the guardianship, the Court will remove Mr. Kovach as an "interested party." I n the meantime, however, it is advisable that Mr. Kovach be kept abreast of the developments in this case. Accordingly, the Court OVERRULES Petitioner's Objection, Doc. #29, to Magistrate Judge Merz's March 20, 2018, Decision and Order, Doc . #23, and Petitioner's Objection, Doc. #37, to the Supplemental Report, Doc. #36. Signed by Judge Walter H. Rice on 4/26/18. (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
36
SUPPLEMENTAL REPORT it is respectfully recommended that Glenns Objections be overruled re 29 Objection to Magistrate Judge Orderre 23 Order on Report and Recommendations,,,,,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,, filed by Dustin Glenn Objections to R&R due by 5/2/2018. Signed by Magistrate Judge Michael R. Merz on 4/18/18. (pb)(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
33
RECOMMITTAL ORDER - This habeas corpus case is before the Court on Petitioner's Objections (ECF No. 29 ) to the Magistrate Judge's Order (ECF No. 23 ). The District Judge has prel iminarily considered the Objections and believes they wi ll 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 Walter H. Rice on 4/6/18. (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
23
ORDER WITHDRAWING REPORTS AND RECOMMENDATIONS AND ORDERING ANSWER; DECISION AND ORDER ON MISCELLANEOUS MOTIONS - The prior Reports and Recommendations (ECF Nos. 4, 13, and 16) are WITHDRAWN. It is hereby ORDERED that Respondent shall, not later than May 15, 2018, file an answer conforming to the requirements of Rule 5 of the Rules Governing Section 2254 Cases. Petitioner may, not later than twenty-one days after the answer is filed, file and serve a reply to the answer. Petitioner's Motio n for Issuance of a Subpoena for his Preble County Probate Court file (ECF No. 19) is DENIED without prejudice to any possible later expansion of the record with relevant material from that file. The Motion for the Court to take judicial notice (ECF No. 22) is GRANTED. Signed by Magistrate Judge Michael R. Merz on 3/20/2018. (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
16
SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again recommends the Petition be dismissed with prejudice as barred by the statute of limitations. A state court collateral attack filed after the statute of limitations expires d oes not restart the statute.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 frivolou s and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 3/20/2018. Signed by Magistrate Judge Michael R. Merz on 3/7/2018. (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
13
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case as ordered, the Magistrate Judge withdraws his recommendation regarding custody, but again respectfully recommends that the Petition herein be dismissed with prejudice as barred b y the statute of limitations. Objections to R&R due by 3/9/2018. Signed by Magistrate Judge Michael R. Merz on 2/23/2018. (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
12
RECOMMITTAL ORDER - This habeas corpus case is before the Court on Petitioner's Objections (ECF No. 11 ) to the Magistrate Judge's Report and Recommendations recommending the Petition be di smissed (ECF No. 4 ).The District Judge has p reliminarily 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 wit h instructions to file a supplemental report analyzing the Objections and making recommendations based on thatanalysis. Signed by Judge Walter H. Rice on 2/20/18. (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
6
DECISION AND ORDER - This habeas corpus case under 28 U.S.C. § 2254 is before the Court on Petitioners Motion to delete the Warden at Warren Correctional Institution as a respondent in the case because Petitioner is not challenging the judgmen t on which he is in the custody of that official. The Motion is well-taken and is hereby GRANTED. The Clerk shall delete the Warden at W.C.I. as a party. But because the relief sought here is relief this Court cannot grant in habeas, there is no reas on to stay the proceedings. Accordingly, the Motion to Stay is DENIED. Signed by Magistrate Judge Michael R. Merz on 1/4/18. (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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