Garrett v. Warden, Toledo Correctional Institution
| Devin Garrett |
| Warden, Toledo Correctional Institution |
| 3:2019cv00191 |
| June 21, 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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This docket was last retrieved on January 31, 2020. A more recent docket listing may be available from PACER.
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Filing 8
ORDER WITHDRAWING REPORT AND RECOMMENDATIONSAND FOR ANSWER - The Report and Recommendations are WITHDRAWN and it is hereby ORDERED that Respondent shall, not later than October 16, 2019, file an answer conforming to the requirements of Rule 5 of the Rules Governing 2254 Cases. Petitioner may, not later than twenty-one days after filing of the answer, file and serve a reply to the answer. Signed by Magistrate Judge Michael R. Merz on 8/19/2019. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification. Petition & Order e-mailed to parties listed in Order)
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Filing 7
RECOMMITTAL ORDER - This habeas corpus case, brought pro se by petitioner Devin Garrett, is b efore the Court on Petitioner's Objections (ECF No. #6 ) to the Magistrate Judge's Report and Recommendations recommending dismissal of the Petition. The District Judge has preliminarily considered the Objections and 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 report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Walter H. Rice on 8/16/2019. (srb)(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 OBJECTION to #2 Report and Recommendations- Entitled Response to Report and Recommendations; Notice Regarding Objections by Petitioner Devin Garrett. (Attachments: #1 Mailing Envelope) (kma) |
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Filing 5
ORDER GRANTING EXTENSION OF TIME: RE: #3 - (Objections to R&R due by 9/21/2019). Signed by Magistrate Judge Michael R. Merz on 8/9/2019. (srb)(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 4
DENIAL WITHDRAWN PER ORDER #5 ...Notation ORDER denying #3 Motion for Extension of Time: motion was deposited in the prison mail system after the deadline expired. Signed by Magistrate Judge Michael R. Merz on 07/15/2019. (MRM) Modified on 8/9/2019 to update docket text (srb).
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| Filing 3 MOTION for Extension of Time to File Objections to Report and Recommendations. New date requested 8/15/2019. by Petitioner Devin Garrett. (Attachments: #1 Mailing Envelope) (kma) |
| Filing 2 REPORT AND RECOMMENDATIONS - It is respectfully recommended that 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 7/8/2019. Signed by Magistrate Judge Michael R. Merz on 6/24/2019. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Devin Garrett. (Attachments: #1 Attachment 1, #2 Mailing Envelope) (kma) |
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| Petitioner: Devin Garrett | |
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| Respondent: Warden, Toledo Correctional Institution | |
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