McCain v. Sheldon
| Michael D McCain, Sr |
| Eddie Sheldon |
| 3:2018cv00067 |
| March 9, 2018 |
| 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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Filing
26
DECISION AND ENTRY OVERRULING PETITIONER'S MOTION TO RECONSIDER REQUEST TO EXPAND THE RECORD AND REQUEST FOR ADDITIONAL TIME TO FILE TRAVERSE 24 ; REVOKING, IN INTEREST OF JUDICIAL EFFICIENCY, REFERRAL OF THIS MATTER TO MAGISTRATE JUDGE MICHAEL R. MERZ; SUSTAINING RESPONDENT'S MOTION TO DISMISS 17 ; DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE 1 ; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; CERTIFICATE OF APPEALABILITY DENIED; ANTICIPATED REQUEST TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/29/2019. (jg)(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
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.)
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Filing
7
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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