Barker v. Warden, London Correctional Institution
| Kevin J. Barker |
| Warden, London Correctional Institution |
| 3:2019cv00067 |
| March 5, 2019 |
| 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 13
Notation ORDER granting #12 Motion for Extension of Time to and including May 14, 2019, to File objections to the Supplemental Report and Recommendations. Signed by Magistrate Judge Michael R. Merz on 04/24/2019. (MRM)
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| Filing 12 MOTION for Extension of Time to File Response/Reply as to #11 Supplemental REPORT AND RECOMMENDATIONS. New date requested 5/14/2019. by Petitioner Kevin J. Barker. (Attachments: #1 Mailing Envelope) (kma) |
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Filing 11
SUPPLEMENTAL REPORT AND RECOMMENDATIONS Having reconsidered the case pursuant to the Recommittal Order, the Magistrate Judge remains persuaded the Petition should 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 5/1/2019. Signed by Magistrate Judge Michael R. Merz on 4/17/2019. (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 10
RECOMMITTAL ORDER - This is an action for writ of habeas corpus pursuant to 28 U.S.C. 2254 in which Petitioner has filed Objections (ECF No. #9 ) to the Magistrate Judge's Report and Recommendations (ECF No. #3 ). The District Judge has preliminarily considered the Objections and believes they will bemore 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 report analyzing the Objections and making recommendations based on that analysis.. Signed by Judge Walter H. Rice on 4/15/19. (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 9 OBJECTION to #3 Report and Recommendations by Petitioner Kevin J. Barker. (Attachments: #1 Mailing Envelope) (kma) |
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Filing 7
Notation ORDER granting #6 Motion for Extension of Time to and including 4/22/2019 to File objections to the pending Report and Recommendations. Signed by Magistrate Judge Michael R. Merz on 4/10/2019. (MRM)
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| Filing 6 MOTION for Extension of Time to File Response/Reply as to #3 REPORT AND RECOMMENDATIONS re #1 Petition for Writ of Habeas Corpus filed by Kevin J. Barker New date requested 4/22/2019. by Petitioner Kevin J. Barker. (Attachments: #1 Mailing Envelope) (kma) |
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Filing 5
Notation ORDER granting #4 Motion for Extension of Time to 04/11/2019 to File objections to the pending Report and Recommendations. Signed by Magistrate Judge Michael R. Merz on 03/14/2019. (MRM)
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| Filing 4 MOTION for Extension of Time to File Response/Reply as to #3 REPORT AND RECOMMENDATIONS, Motion for State Records, and Request Record be Supplemented to the Record of this Habeas Petition. New date requested 4/11/2019. by Petitioner Kevin J. Barker. (Attachments: #1 Mailing Envelope) (kma) |
| Filing 3 REPORT AND RECOMMENDATIONS -It is respectfully recommended that the Petition herein 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 3/20/2019. Signed by Magistrate Judge Michael R. Merz on 3/6/2019. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 2 Filing fee: Habeas Petition $ 5.00, receipt number 300DAY021876 (kma) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Kevin J. Barker. (Attachments: #1 Attachment A, #2 Civil Cover Sheet, #3 Mailing Envelope) (kma) |
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