Scott v. Warden, London Correctional Institution
| Donald F Scott, Sr. |
| Warden, London Correctional Institution |
| 3:2018cv00334 |
| October 4, 2018 |
| US District Court for the Southern District of Ohio |
| Michael R Merz |
| Walter H Rice |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 16
DECISION AND ORDER; REPORT AND RECOMMENDATIONS: It is ORDERED that the Report and Recommendations (ECF No. 11) is WITHDRAWN and the Magistrate Judge hereby recommends the Motion to Dismiss for want of prosecution be denied. Until and unless Petitioner furnishes the Court and Respondent's counsel with a new mailing address, the obligation of Respondent to serve Petitioner by mail is suspended; Petitioner will have to obtain notice of filings by checking the docket at the public terminal in the Clerk's Office or by obtaining remote access to the docket through the PACER system. Respondents time to answer, presently set at December 5, 2018, is sua sponte extended to February 1, 2019. Objections to R&R due by 12/13/2018. Signed by Magistrate Judge Michael R. Merz on 11/29/2018. (kpf)(This document has not been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 15 MOTION to Stay - Protective Petition by Petitioner Donald F Scott, Sr. (srb) |
| Filing 14 REQUEST FOR EXTENSION OF TIME TO RESPOND TO REPORT AND RECOMMENDATIONS. New date requested 12/28/2018. by Petitioner Donald F Scott, Sr. (srb) |
| Filing 13 ***WITHDRAWN PER #16 ***REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition herein be dismissed without prejudice for want of prosecution. Objections to R&R due by 11/28/2018. Signed by Magistrate Judge Michael R. Merz on 11/14/20189. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 11/30/2018 (kpf). |
| Filing 12 **DELETED, FILED IN ERROR & NOT SENT TO PETITIONER** NOTICE TO PRO SE PETITIONER - This habeas corpus case under 28 U.S.C. 2254 is before the Court on Respondent's Motion to Dismiss (ECF No. 11). Petitioner is hereby notified that his memorandum in opposition to that Motion must be served and filed not later than December 7, 2018. Signed by Magistrate Judge Michael R. Merz on 11/14/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 11/14/2018 (kpf). |
| Filing 11 MOTION to Dismiss Petition by Respondent Warden, London Correctional Institution. (Reese, Mary) |
| Mail Returned as Undeliverable re Notation Order on Motion to Proceed IFP. He has been released. Mail sent to Donald F. Scott Sr. (kma) |
| Filing 10 Mail Returned as Undeliverable. Mail sent to Donald Scott #1 - He has been released. (jmb) |
| Filing 9 Mail Returned as Undeliverable re Notation Order granting Motion to Proceed IFP. Mail sent to Donald F. Scott Sr. (kma) |
| Filing 8 Mail Returned as Undeliverable. re #5 . Mail sent to Donald F. Scott Sr. (kma) |
| Filing 7 NOTICE of Appearance by Mary Anne Reese for Respondent Warden, London Correctional Institution (Reese, Mary) |
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Filing 6
ORDER DENYING APPOINTMENT OF COUNSEL #4 . Signed by Magistrate Judge Michael R. Merz on 10/5/2018. (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 5
ORDER FOR ANSWER - It is hereby ORDERED that Respondent shall, not later than December 5, 2018, file an answer 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 a reply to the answer. Signed by Magistrate Judge Michael R. Merz on 10/5/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification and to the Respondent/AG electronically.)
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| Filing 4 MOTION to Appoint Counsel by Petitioner Donald F Scott, Sr. (kpf) |
| Filing 3 PETITION for Writ of Habeas Corpus filed by Donald F Scott, Sr. (Attachments: #1 Exhibit 1) (kpf) |
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Filing 2
Notation ORDER granting #1 Motion for Leave to Proceed in forma pauperis. The Clerk shall detach and separately file the Petition and Motion for Appointment of Counsel. Signed by Magistrate Judge Michael R. Merz on 10/4/2018. (MRM)
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| Filing 1 MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) by Petitioner Donald F Scott, Sr. (Attachments: #1 Petition for Writ of Habeas Corpus, #2 Attachments to Petition, #3 Motion to Appoint Counsel, #4 Mailing Envelope) (kma) |
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| Petitioner: Donald F Scott, Sr. | |
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| Respondent: Warden, London Correctional Institution | |
| Represented By: | Mary Anne Reese |
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