Ealy v. Warden, Brian Cook et al

Petitioner: Larry E Ealy, r
Respondent: Warden, Brian Cook, Thomas Marclain and Mike Dewine
Case Number: 3:2018cv00063
Filed: March 7, 2018
Court: Ohio Southern District Court
Office: Dayton Office
County: MONTGOMERY
Referring 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

The following documents for this case are available for you to view or download:

Date Filed#Document Text
March 23, 2018 4 Opinion or Order of the Court ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendations: It is ORDERED that the Petition for Writ of Habeas Corpus be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner is D ENIED a certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted toproceed in forma pauperis. Signed by Judge Thomas M. Rose on 3/23/18. (ep)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 8, 2018 3 Opinion or Order of the Court REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability an d 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 3/22/2018. Signed by Magistrate Judge Michael R. Merz on 3/8/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Petitioner: Larry E Ealy, r
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Respondent: Warden, Brian Cook
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Respondent: Thomas Marclain
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Respondent: Mike Dewine
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