McRae v. Warden, Ross Correctional Institution
3:2020cv00168 |
September 30, 2020 |
US District Court for the Southern District of Ohio |
Dayton Office |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 26 DECISION AND ORDER DENYING MOTION FOR LACK OF JURISDICTION 25 . Signed by Magistrate Judge Michael R. Merz on 9/29/2021. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 23 DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #18) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 21 ); OVERRULING PETITIONERS OBJECTIONS THERETO (DOCS. # 19 , 22 ); DISMISSING WITH PREJUDIC E PETITION FOR WRIT OF HABEAS CORPUS (DOC. # 1 ); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 2/10/21. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 21 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the Report in light of the Objections, the Magistrate Judge again recommends that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusi on, it is also recommended that Petitioner be denied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 11/9/2020. Signed by Magistrate Judge Michael R. Merz on 10/24/2020. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 20 RECOMMITTAL ORDER - This case is before the Court on Petitioners Objections (ECF No. 19 ) to the Magistrate Judges Report and Recommendations (ECF No. 18 ). The District Judge has preliminarily considered the Objections and believes they will be mo re 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 10/23/2020. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 18 REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a certificate of appealabi lity and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 10/14/2020. Signed by Magistrate Judge Michael R. Merz on 9/30/2020. (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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