Boles v. State of Ohio Adult Parole Authority
| Brian W. Boles |
| State of Ohio Adult Parole Authority |
| 3:2018cv00236 |
| July 13, 2018 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| XX US, Outside State |
| Michael R Merz |
| Thomas M Rose |
| Habeas Corpus (General) |
| 28:2254 |
| None |
Docket Report
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| Document Text |
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| Filing 12 REPORT AND RECOMMENDATIONS - Because the Court has no jurisdiction over the expired domestic violence term and Boles pleads no constitutional claim as to the post-release revocation term, the Magistrate Judge respectfully recommends the Petition 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 9/19/2018. Signed by Magistrate Judge Michael R. Merz on 9/4/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 11
Notation ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Michael R. Merz on 9/4/2018. (MRM)
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| Filing 10 RETURN of Writ re #1 Petition for Writ of Habeas Corpus, #9 State Court Record by Respondent State of Ohio Adult Parole Authority. (Jaite, Maura) |
| Filing 9 State Court Record Ex. 1-21. (Jaite, Maura) |
| Filing 8 NOTICE of Appearance by Maura O'Neill Jaite for Respondent State of Ohio Adult Parole Authority (Jaite, Maura) |
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Filing 7
ORDER TO ANSWER- Accordingly, it is hereby ORDERED that Respondent shall, not later than August 2, 2018, file an answer conforming to the requirements of Rule 5 of the Rules Governing '2254 Cases. Before filing the answer, the Respondent shall file those portions of the state court and Adult Parole Authority records needed to adjudicate this case. When the record is filed electronically, the Courts CM/ECF filing system will affix a unique PageID number to each pageof the record, displayed in the upper right-hand corner of the page. All papers filed in the case thereafter by either party shall include record references to the PageID number. Prior to filing the state court record, the Wardens counsel shall ensure that any borders on parts of the record (typically, court reporter transcripts) do not obscure the PageID number when the page is filed. The record shall be indexed by insertion of bookmarks in the.pdf version of the state court record uploaded to the Courts CM/ECF system which display each exhibit and the name of that exhibit in the record. As required by Fed. R. Civ. P. 5, a complete copy of the answer and state court record with the PageID numbers and bookmarks must be served on Petitioner at the time of filing. 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 7/13/18. (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 Case transferred in from District of Ohio Northern; Case Number 3:18-cv-01267. Original file electronic copy of transfer order and docket sheet received. |
| Copy of #5 Order Transferring Case mailed to Brian Boles, #716-050 at Corrections Center of Northwest Ohio, 03151 County Road 2425, Stryker, OH 43557-9418 on 7/11/2018. Related document(s) #5 . (H,CM) [Transferred from Ohio Northern on 7/13/2018.] |
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Filing 5
Order of Transfer. Action is transferred to the United States District Court for the Southern District of Ohio for all further proceedings. Judge Christopher A. Boyko on 7/11/2018. (H,CM) [Transferred from Ohio Northern on 7/13/2018.]
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| Filing 4 Affidavit of prisoner, Supplement to #2 Motion to proceed in forma pauperis filed by Brian W. Boles. (R,Ke) [Transferred from Ohio Northern on 7/13/2018.] |
| Copy of #3 Administrative Track DCM Initial Order, #1 Petition for Writ of Habeas Corpus (2254) mailed to Brian W. Boles at Corrections Center of Northwest Ohio, 03151 County Road 2425, Stryker, OH 43557-9418 on 6/5/2018. (M,L) [Transferred from Ohio Northern on 7/13/2018.] |
| Filing 3 Administrative Track DCM Initial Order. Chief Judge Patricia A. Gaughan. (M,L) [Transferred from Ohio Northern on 7/13/2018.] |
| Filing 2 Motion to proceed in forma pauperis filed by Petitioner Brian W. Boles. (M,L) [Transferred from Ohio Northern on 7/13/2018.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (M,L) [Transferred from Ohio Northern on 7/13/2018.] |
| Judge Christopher A. Boyko assigned to case. (M,L) [Transferred from Ohio Northern on 7/13/2018.] |
| Filing 1 Petition under 28 USC 2254 for Writ of Habeas Corpus by a person in state custody. Filing fee not paid, IFP. Filed by Brian W. Boles. (Attachments: #1 Civil Cover Sheet) (M,L) [Transferred from Ohio Northern on 7/13/2018.] |
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| Respondent: State of Ohio Adult Parole Authority | |
| Represented By: | Maura O'Neill Jaite |
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| Petitioner: Brian W. Boles | |
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