Springs v. Warden, Chillicothe Correctional Institution
| Cory M Spirngs and Cory M Springs |
| Warden, Chilicothe Correctional Institution |
| 3:2023cv00352 |
| November 27, 2023 |
| US District Court for the Southern District of Ohio |
| Thomas M Rose |
| Peter B Silvain |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 6
ORDER - 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. The Clerk is ordered to serve the Petition on Respondent and the Attorney General of Ohio, Habeas Corpus Unit of the Corrections Litigation Section. Signed by Magistrate Judge Peter B. Silvain, Jr. on 12/21/2023. (jmb)(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 Fee Received: $ 5.00, receipt number 300DAY001848 (pb) |
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Filing 5
ENTRY AND ORDER OVERRULING OBJECTION TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DOC. NO. #3 ) AND, ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DOC. NO. #2 ) - The Court ACCEPTS the findings and recommendations made by the magistrate judge, ADOPTS the Report and Recommendation (Doc. No. #2 ) in its entirety, and rules as follows: 1. The Report and Recommendation filed on November 29, 2023 (Doc. No. #2 ) is ADOPTED in full; 2. Springs' application for leave to proceed informa pauperis (Doc. No. #1 at PageID 1-13) is DENIED; and 3. Springs is ORDERED to pay the Court's full filing fee of $5.00 within thirty (30) days of this Entry and Order. Failure to pay the Court's filing fee as ordered here will result in the dismissal of the instant action. Signed by Judge Thomas M. Rose on 12/7/2023. (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
DEFICIENCY ORDER - Accordingly, consistent with the pending November 29, 2023 Report and Recommendation (Doc. #2 ), petitioner is DIRECTED to pay the full filing fee of $5.00 within thirty (30) days of any Order adopting the Report and Recommendation should he wish to proceed with this action. The Clerk of Court is DIRECTED to send a copy of this Deficiency Order to petitioner and to the cashier of the prison at which petitioner is confined. IT IS SO ORDERED. Signed by Magistrate Judge Peter B. Silvain, Jr on 12/7/2023. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF and to the cashier of the prison at which petitioner is confined that did not receive electronic notification.)
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| Filing 3 OBJECTION to the Magistrate Judge's #2 Report and Recommendation by Petitioner Cory M Springs. (kh) |
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Filing 2
REPORT AND RECOMMENDATIONS re #1 MOTION for Leave to Proceed in forma pauperis filed by Cory M Springs - Accordingly, it is RECOMMENDED that petitioners 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 12/13/2023. Signed by Magistrate Judge Peter B. Silvain, Jr on 11/29/23. (pb)(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 Cory M Springs. (Additional attachment(s) added on 11/29/2023: #1 2254 Petition) (pb). |
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