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06-135 - Neff v. Warden, Chillicothe Correctional Institution


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06-135 - Neff v. Warden, Chillicothe Correctional Institution
February 22, 2007
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REPORT AND RECOMMENDATIONS re 3 MOTION to Dismiss Habeas Petition as Time-Barred filed by Warden, Chillicothe Correctional Institution: that respondent's motion be DENIED. Objections to R&R due by 3/8/2007. Signed by Judge Timothy S. Black on 2/22/07. (Attachments: # (1))(jl, ) Additional attachment(s) added on 3/5/2007 (scot1, ).
March 23, 2007
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ORDER ADOPTING REPORT AND RECOMMENDATION re 11 Report and Recommendations, denying 3 Motion to Dismiss Habeas Petition as Time-Barred filed by Respondent. Signed by Judge S Arthur Spiegel on 3/22/2007. Attachment(s): # (1) Certified Mail Receipt (km1, ) Additional attachment(s) added on 3/28/2007 (scot1, ).
October 25, 2007
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by James Cecil Neff: that writ be DENIED; certificate of appealability SHOULD ISSUE only with respect to any order adopting the Report to deny claim that petition was denied constitutional right of appeal with prejudice on procedural statute of limitations grounds; otherwise it SHOULD NOT ISSUE; and IFP should be GRANTED.Objections to R&R due by 11/8/2007. Signed by Judge Timothy S. Black on 10/24/07. (Attachments: # (1) cert) (jl1, )
May 21, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATION re 20 Report and Recommendations. The Court REJECTS Petitioner's Objections 27 and DENIES WITH PREJUDICE Petitioner's writ of habeas corpus 1. The Court further finds that a certificate of appealability should issue only with respect to the portion of this Order denying Petitioner's underlying claim that he was denied his constitutional right of appeal, on procedural statute of limitation grounds. In all other respects, a certificate of appealability should not issue. The Court CERTIFIES that with respect to any application by Petitioner to proceed on appeal in forma pauperis, an appeal of this Order would be taken in good faith. The Court GRANTS Petitioner leave to proceed on appeal in forma pauperis upon a showing of financial necessity. Signed by Judge S Arthur Spiegel on 5/21/2008. (km1, ) (Additional attachment(s) added on 5/22/2008: # (1) Certified Mail Receipt) (km1, ).