Swartz v. Warden, London Correctional Institution
| Nathan A Swartz |
| Warden, London Correctional Institution |
| 3:2022cv00117 |
| May 4, 2022 |
| US District Court for the Southern District of Ohio |
| Michael J Newman |
| Peter B Silvain |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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| Document Text |
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Filing 5
ORDER - Upon preliminary consideration pursuant to Rule 4 of the Rules Governing 2254 Cases, the Court finds that it does not plainly appear from the face of the Petition and any exhibits attached thereto that the Petitioner is not entitled to relief in this Court. Accordingly, it is hereby ORDERED that Respondent shall file an answer conforming to the requirements of Rule 5 of the Rules Governing 2254 Cases within sixty (60) days of the date of filing of this Order. Specifically, said answer shall respond to each allegation made in the Petition, raise any affirmative defense relied on by Respondent, and state whether, from Respondents perspective, any claim in the Petition is barred by a failure to exhaust state remedies, a procedural bar, non-retroactivity, or a statute of limitations. As required by Fed. R. Civ. P. 5, a complete copy of the answer and state court record with the PageID numbers must be served on Petitioner at the time of filing. Petitioner may, not later than twenty-one (21) days after the answer is filed, file and serve a reply to the answer. Signed by Magistrate Judge Peter B. Silvain, Jr on 6/13/2022. (bjr) (This document has been sent by regular mail to the Petitioner, Nathan A. Swartz, and Respondent, Warden, London Correctional Institution. An email of this document and the Petition #4 has been sent to Attorney General of Ohio at the addresses listed on the Order.)
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| Filing 4 PETITION for Writ of Habeas Corpus filed by Nathan A Swartz. (bjr) |
| Filing 3 Filing fee: $ 5.00, receipt number 300DAY026187. (bjr) |
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Filing 2
REPORT AND RECOMMENDATIONS re #1 MOTION for Leave to Proceed in forma pauperis filed by Nathan A Swartz. it is RECOMMENDED that petitioner's application for leave to proceed in forma pauperis (Doc. #1 ) be DENIED and petitioner be ordered to pay the full filing fee of $5.00 within thirty (30) days. Petitioner should be notified that his failure to pay the full filing fee within thirty days will result in the dismissal of this action. Objections to R&R due by 5/20/2022. Signed by Magistrate Judge Peter B. Silvain, Jr on 5/6/2022. (bjr)(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 1 MOTION for Leave to Proceed in forma pauperis by Petitioner Nathan A Swartz. (Attachments: #1 Petition for Writ of Habeas Corpus 2254) (pb) (Main Document 1 replaced on 5/4/2022) (pb). |
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| Petitioner: Nathan A Swartz | |
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| Respondent: Warden, London Correctional Institution | |
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