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12-425 - Smith v. Warden of Toledo Correctional Institution


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12-425 - Smith v. Warden of Toledo Correctional Institution
February 7, 2013
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REPORT AND RECOMMENDATIONS re 9 MOTION to Hold Petition for Writ of Habeas Corpus in Abeyance Pending Exhaustion of Claims in State Court filed by Christopher Smith IT IS THEREFORE RECOMMENDED THAT: Petition be administratively STAYED and TERMINATED on the Court's active docket pending petitioner's exhaustion of his Ohio remedies. A certificate of appealability should not issue. 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 DENY petitioner leave to appeal in forma pauperis. Objections to R&R due by 2/25/2013. Signed by Magistrate Judge Stephanie K. Bowman on 2/7/2013. (jlw)
March 21, 2013
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ORDER ADOPTING REPORT AND RECOMMENDATIONS re 19 Report and Recommendation in all respects. The Court GRANTS Petitioner's Motion to Hold Petition in Abeyance 9, and ADMINISTRATIVELY STAYS and TERMINATES this matter on the Court's active docket pending Petitioner's exhaustion of his Ohio remedies. Such stay is conditioned on Petitioner's filing a motion to reinstate the case on this Court's active docket within 30 days after fully exhausting his state court remedies through the requisite levels of state appellate review. Petitioner should be granted leave to reinstate the case on the Court's active docket when he has exhausted his Ohio remedies based on a showing that he has complied with the conditions of the stay. The Court further FINDS that a certificate of appealability should not issue with respect to the stay of the Petition. The Court further CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that with respect to any application by Petitioner to proceed on appeal in forma pauperis, an appeal of this Order would not be taken in good faith and therefore the Court DENIES Petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Signed by Judge S Arthur Spiegel on 3/21/2013.(km1)
August 29, 2016
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 9/15/2016. Signed by Magistrate Judge Michael R. Merz on 8/29/2016. (kpf)
February 8, 2017
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 80). Signed by Judge Timothy S. Black on 2/8/2017. (mr)