Mackey v. Warden, Lebanon Correctional Institute
Petitioner: Robert Mackey
Respondent: Warden, Lebanon Correctional Institute
Case Number: 3:2019cv00290
Filed: September 6, 2019
Court: US District Court for the Southern District of Ohio
Presiding Judge: Michael R Merz
Referring Judge: Walter H Rice
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2019 Filing 12 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is respectfully recommended this case be TRANSFERRED to the Sixth Circuit Circuit Court of Appeals for a determination under 28 U.S.C. 2244(b) on whether it may proceed. Objections to R&R due by 11/6/2019. Signed by Magistrate Judge Michael R. Merz on 10/23/2019. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 21, 2019 Opinion or Order Filing 11 RECOMMITTAL ORDER - re #10 Objection to Report and Recommendations filed by Robert Mackey - 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 10/21/19. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 18, 2019 Filing 10 OBJECTION to #5 Report and Recommendations by Petitioner Robert Mackey. (jlk)
October 17, 2019 Opinion or Order Filing 9 Notation ORDER granting #8 Motion for Extension of Time to File objections to and including October 22, 2019. Signed by Magistrate Judge Michael R. Merz on 10/17/2019. (MRM)
October 16, 2019 Filing 8 SECOND MOTION for Extension of Time to File Objections to #5 REPORT AND RECOMMENDATIONS by Petitioner Robert Mackey. New date requested 10/22/2019. (er)
September 30, 2019 Opinion or Order Filing 7 Notation ORDER granting #6 Motion for Extension of Time to file objections to and including October 15, 2019. Signed by Magistrate Judge Michael R. Merz on 09/30/2019. (MRM)
September 30, 2019 Filing 6 MOTION for Extension of Time to Respond to the Report and Recommendation by Petitioner Robert Mackey. New date requested 10/15/2019. (mdr)
September 20, 2019 Filing 5 REPORT AND RECOMMENDATIONS re #4 Petition for Writ of Habeas Corpus filed by Robert Mackey - The Magistrate Judge recommends that the Court construe the instant Petition as a motion for relief from the judgment in Case No. 3:12-cv-073 but deny that motion because it is untimely made and the change in the law represented by Crangle does not justify relief under Fed.R.Civ.P. 60(b)(6). Objections to R&R due by 10/4/2019. Signed by Magistrate Judge Michael R. Merz on 9/20/19. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 17, 2019 Filing 4 PETITION for Writ of Habeas Corpus under 28 U.S.C. 2254, filed by Robert Mackey. (kma)
September 17, 2019 Opinion or Order Filing 3 Notation ORDER granting #1 Motion for Leave to Proceed in forma pauperis. The Clerk shall detach the Petition and file it separately. Signed by Magistrate Judge Michael R. Merz on 9/17/2019. (MRM)
September 13, 2019 Case transferred in from Eastern Division on 09/13/2019. Case Number 2:19-cv-3872. Case assigned to Judge Walter H. Rice and Magistrate Judge Michael R. Merz. Related document: #1 MOTION for Leave to Proceed in forma pauperis (The Office of the Clerk is in possession of all necessary service documents) filed by Robert Mackey. (jlk)
September 12, 2019 Opinion or Order Filing 2 ORDER - Clark County is located in this Court's Western Division, at Dayton. S.D. Ohio, Local R. 82.1(b). Accordingly, this action is TRANSFERRED to that Court. Signed by Magistrate Judge Elizabeth Preston Deavers on September 12, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 6, 2019 Filing 1 MOTION for Leave to Proceed in forma pauperis by Petitioner Robert Mackey. (mdr) (Additional attachment(s) added on 9/6/2019: #1 Civil Cover Sheet, #2 Petition) (mdr).

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