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12-198 - Sheppard v. Warden Chillicothe Correctional Institution


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12-198 - Sheppard v. Warden Chillicothe Correctional Institution
July 3, 2012
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REPORT AND RECOMMENDATIONS ON REMANDED ISSUE- The Court should conclude that the instant Petition is not a second or successive petition within the meaning of § 2244 (b) and proceed with its adjudication. Objections to R&R due by 7/20/2012. Signed by Magistrate Judge Michael R Merz on 7/3/2012. (kpf1)
August 28, 2012
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REPORT AND RECOMMENDATIONS ON WARDEN'S MOTION TO DISMISS - It is respectfully recommended the Warden's Motion to Dismiss be denied. Objections to R&R due by 9/14/2012. Signed by Magistrate Judge Michael R Merz on 8/28/2012. (kpf1)
August 28, 2012
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON REMAND QUESTION - For the reasons set forth in the Report and Recommendations on the Warden's Motion to Dismiss (Doc. No. 28), the Court should find that Sheppard's claims made in the Petition here arose after judgment was final in the prior case and therefore this is not a second or successive petition. Objections to R&R due by 9/14/2012. Signed by Magistrate Judge Michael R Merz on 8/28/2012. (kpf1)
July 10, 2015
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ORDER denying 62 Motion to Vacate. Signed by Judge Gregory L. Frost on 7/10/15. (kn)
September 16, 2015
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DECISION AND ORDER denying 64 Motion for Leave to File. Signed by Magistrate Judge Michael R. Merz on 9/15/2015. (ead) Modified on 9/21/2015 to correct document type (kpf).
February 16, 2016
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DECISION AND ORDER DENYING RENEWED MOTION TO AMEND AND TRANSFERRING CASE TO THE SIXTH CIRCUIT - It is ORDERED that this case be transferred to the Sixth Circuit for a determination of whether it can proceed. The effective date of this transfer is STAYED until review of this Order by Judge Frost. Signed by Magistrate Judge Michael R. Merz on 2/16/2016. (kpf)
March 22, 2016
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ORDER staying briefing on Petitioner's objection until issuance of the Adams v. Bradshaw mandate. Signed by Judge Gregory L. Frost on 3/22/16. (kn)
February 21, 2017
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TRANSFER ORDER- Accordingly, the stay of transfer previously entered in this case (ECF No. 77) is VACATED and the Clerk is ordered to TRANSFER this case to the Sixth Circuit Court of Appeals for a decision from that Court on whether this case may proceed either on the amendments previously proposed by Petitioner or on his claim(s) under Hurst v. Florida, supra. Petitioners pending Motion to Amend (ECF No. 82) is TERMINATED for lack of jurisdiction to decide it without circuit court permission. Signed by Magistrate Judge Michael R. Merz on 2/21/17. (kma)
September 15, 2017
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REPORT AND RECOMMENDATIONS re 2 The District Judge should conclude both the original Petition in this case and the pending Motion to Amend are second-or-successive habeas applications and transfer them to the Sixth Circuit for a determination under 28 U.S.C. § 2244(b) of whether Sheppard may proceed on either of them. In re Sims, supra. Objections to R&R due by 9/29/2017. Signed by Magistrate Judge Michael R. Merz on 9/15/17. (kma)
October 16, 2017
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Objections to R&R due by 10/30/2017. Signed by Magistrate Judge Michael R. Merz on 10/16/2017. (kpf)
November 3, 2017
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART Petitioner's Unopposed Motion to Stay the Deadline to Object to the Magistrate Judge's Supplemental Report and Recommendations (ECF No. 108). Signed by Magistrate Judge Michael R. Merz on 11/3/2017. (kpf)
November 30, 2017
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO SET DEADLINE 110 - Petitioner's time to object is EXTENDED to and including January 10, 2018. Signed by Magistrate Judge Michael R. Merz on 11/30/2017. (kpf)
January 17, 2018
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SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again recommends the Court transfer this case to the Sixth Circuit for a determination under 28 U.S.C. § 2244(b) of whether it may proceed. Objections to R&R due by 1/31/2018. Signed by Magistrate Judge Michael R. Merz on 1/17/2018. (kpf)