King v. State Of Ohio
| Todd A. King |
| State Of Ohio |
| 3:2022cv00184 |
| July 12, 2022 |
| US District Court for the Southern District of Ohio |
| Caroline H Gentry |
| Michael J Newman |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on September 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 5 CLERK'S JUDGMENT signed on 9/2/2022. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 4
ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (DOC. NO. #3 ); (2) DENYING AS MOOT PETITIONER'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (DOC. NO. #1 ); (3) DISMISSING THIS CASE WITHOUT PREJUDICE AND TERMINATING IT ON THE DOCKET; AND (4) CLARIFYING THAT PETITIONER'S EARLIER FILED HABEAS PETITION REMAINS PENDING ON THE DOCKET Signed by Judge Michael J. Newman on 9/1/2022. (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 3
REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. Petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 be DISMISSED without prejudice and petitioners motion for leave to proceed in forma pauperis be DENIED as moot. 2. A certificate of appealability should not issue with respect any Order adopting this Report and Recommendation to dismiss the instant habeas corpus petition on the procedural ground of duplicativeness. Under the first prong of the applicable two-part standard enunciated in Slack v. McDaniel, 529 U.S. 473, 484-85 (2000), jurists of reason would not find it debatable whether this Court is correct in its procedural ruling. 3. With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursuant to 28 U.S.C. 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in good faith, and, therefore, should DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997). Objections to R&R due by 8/17/2022. Signed by Magistrate Judge Caroline H. Gentry on 8/3/2022. (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 2 Letter by Petitioner, Todd A. King, re #1 MOTION for Leave to Proceed in forma pauperis (Attachment: # 1 Petition Under 28 U.S.C. 2254 For Writ of Habeas Corpus by a Person in State Custody. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Petitioner, Todd A. King. (Attachments: #1 Petition Under 28 U.S.C. 2254 For Writ of Habeas Corpus by a Person in State Custody, #2 Civil Cover Sheet) (bjr) |
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| Petitioner: Todd A. King | |
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| Respondent: State Of Ohio | |
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