Fricke v. Warden, Noble Correctional Institution
| Joseph Fricke |
| Warden, Noble Correctional Institution |
| 3:2018cv00198 |
| June 4, 2018 |
| U.S. District Court for the Southern District of Ohio |
| Dayton Office |
| FRANKLIN |
| Michael R. Merz |
| Walter H. Rice |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
23
REPORT AND RECOMMENDATIONS ON RECOMMITTAL; DECISION AND ORDER STRIKING RENEWED NOTICE OF DISMISSAL AND GRANTING EXTENSION OF TIME TO OBJECT - Objections to R&R due by 12/14/2018. Signed by Magistrate Judge Michael R. Merz on 11/30/2018. (kpf)
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Filing
14
SUBSTITUTED REPORT AND RECOMMENDATIONS - Because the Petition was filed almost a year after the statute of limitations expired, it should be dismissed with prejudice as barred by the statute of limitations. Because reasonable jurists would not dis agree 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 11/16/2018. Signed by Magistrate Judge Michael R. Merz on 11/1/2018. (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
8
ORDER WITHDRAWING REPORT AND RECOMMENDATIONSAND REQUIRING RESPONDENT TO ANSWER - It is hereby ORDERED that Respondent shall, not later than September 1, 2018, file ananswer 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 areply to the answer. Signed by Magistrate Judge Michael R. Merz on 6/26/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification. This document was also served along with the petition to Attorney General's office)
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Filing
5
REPORT AND RECOMMENDATIONS - Because the Petition was filed almost a year after the statute of limitations expired, it shouldbe dismissed with prejudice as barred by the statute of limitations. Because reasonable juristswould not disagree with this conclusion, Petitioner should be denied a certificate of appealabilityand 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 6/21/2018. Signed by Magistrate Judge Michael R. Merz on 6/7/2018. (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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| Petitioner: Joseph Fricke | |
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| Respondent: Warden, Noble Correctional Institution | |
| Represented By: | Mary Anne Reese |
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