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16-2563 - Alvarado v. Ohio State Penitentiary


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16-2563 - Alvarado v. Ohio State Penitentiary
October 31, 2016
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mmendation. Signed by Magistrate Judge Jonathan D. Greenberg on 10/31/2016. (S,S)Report and Recommendation that petitioner's 2 Motion to proceed in forma pauperis be denied and that he be ordered to pay the filing fee of $5.00 within fourteen (14) days of the date of an Order adopting this reco
November 14, 2016
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14/16. (LC,S) re 2Order: The Report and Recommendation of Magistrate Judge Greenberg (Doc. 6) is accepted without objection. Accordingly, petitioner's Motion to Proceed In Forma Pauperis is denied as discussed therein. Judge Patricia A. Gaughan on 11/
February 7, 2017
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Report and Recommendation that petitioner's 5 Motion to stay and Abeyance be granted. It is further recommended that the stay be granted on the condition that petitioner (1) file quarterly status reports in this Court regarding the progress of his state court appeal; and (2) seek reinstatement on this Court's active docket within thirty (30) days of fully exhausting his state court remedies. It is further recommended that petitioner's 14 Motion for Order Directing Respondent to Correct the Return of the Writ be denied without prejudice subject to refiling once petitioner fully exhausts his state court remedies and this matter is reinstated to the Court's active docket. Signed by Magistrate Judge Jonathan D. Greenberg on 2/7/2017. (S,S)
March 3, 2017
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Memorandum of Opinion and Order: This matter is before the Court upon the Report and Recommendation of Magistrate Judge Jonathan D. Greenberg (Doc. 17) recommending that Petitioner's Motion for Stay and Abeyance (Doc. 5) be GRANTED and that his Motion for Order Directing Respondent to Correct the Return (Doc. 14) be DENIED WITHOUT PREJUDICE. This Court, having reviewed the Report and Recommendation and finding no clear error, hereby accepts the Magistrate Judge's Report and Recommendation. In accordance with that recommendation, this case is hereby stayed to allow Petitioner to exhaust his Second, Third, Seventh, and Ninth Grounds for Relief in state court. This stay is granted on the condition that Petitioner (1) file quarterly status reports in this Court regarding the progress of his state court appeal; and (2) seek reinstatement on this Court's active docket within thirty days of fully exhausting his state court remedies. This case is hereby removed from the Court's active docket and administratively closed. This is purely an administrative device for the convenience of the Court and in no way affects the substantive or procedural rights of the parties in interest to proceed before this Court at a later date. Nothing in this order shall be considered a dismissal or disposition of this matter. Judge Patricia A. Gaughan on 3/3/17. (LC,S)
September 18, 2018
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Order granting in part and denying in part petitioner's 28 Motion for discovery and granting petitioner's 29 Motion to expand/complete the record. Signed by Magistrate Judge Jonathan D. Greenberg on 9/18/2018. (S,S)