McCain v. Sheldon

Petitioner: Michael D McCain, Sr
Respondent: Eddie Sheldon
Case Number: 3:2018cv00067
Filed: March 9, 2018
Court: Ohio Southern District Court
Office: Dayton Office
County: XX US, Outside State
Referring Judge: Michael R. Merz
Presiding Judge: Walter H. Rice
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 27, 2018 11 Opinion or Order of the Court RECOMMITTAL ORDER - This habeas corpus case is before the Court on Petitioner's Objections (ECF No. 10 ) to the Magistrate Judge's Report and Recommendations (ECF No. 7 ). The District Judge has preliminarily considered the Objections a nd 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 re port analyzing the Objections and making recommendations based on that analysis.. Signed by Judge Walter H. Rice on 3/27/18. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 9, 2018 7 Opinion or Order of the Court REPORT AND RECOMMENDATIONS - The Magistrate Judge therefore respectfully recommends the Petition herein be dismissed with prejudice as barred by the statute of limitations. Because reasonable jurists would not disagree with this conclusion, Petitione r 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 3/23/2018. Signed by Magistrate Judge Michael R. Merz on 3/9/2018. (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: Michael D McCain, Sr
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Respondent: Eddie Sheldon
Represented By: Jerri Lynne Fosnaught
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