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12-877 - Fite v. Warden, Ross Correctional Institution


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12-877 - Fite v. Warden, Ross Correctional Institution
December 6, 2013
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REPORT AND RECOMMENDATIONS re 3 Petition for Writ of Habeas Corpus, 8 Petitioner's Motion to Stay and Amend Petition for Writ of Habeas Corpus. It is RECOMMENDED that: (1) The petition be administratively STAYED and TERMINATED on the Court's active docket pending petitioner's exhaustion of his Ohio remedies. The stay should be conditioned on petitioners 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 should withhold judgment on petitioner's motion to amend until petitioner moves the Court to reinstate the case after having had the opportunity to exhaust his state court remedies; (2) A certificate of appealability should not issue; and (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 12/23/2013. Signed by Magistrate Judge Stephanie K. Bowman on 12/6/2013. (km1) (Additional attachment(s) added on 12/6/2013: # (1) Certified Mail Receipt) (km1).
December 30, 2013
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should withhold judgment on petitioner's motion to amend until petitioner moves the Court to reinstate the case after having had the opportunity to exhaust his state court remedies; (2) A certificate of appeal ability should not issue; and (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. Signed by Judge Timothy S. Black on 12/30/2013. (mr1) Modified text to reflect status on 9/19/2016 (mr).*** VACATED per Order (Doc. 13) *** DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 9). (1) The petition be administratively STAYED and TERMINATED on the Court's active docket pending petitioner's exhaustion of his Ohio remedies. The stay should be conditioned on petitioners 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
December 11, 2017
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DECISION AND ORDER DENYING MOTION TO AMEND; REPORT AND RECOMMENDATIONS - Because all of Petitioner's claims are barred by the statute of limitations, his Motion to Amend is DENIED and it is respectfully recommended that his 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 12/26/2017. Signed by Magistrate Judge Michael R. Merz on 12/11/2017. (kpf) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 8, 2018
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DECISON AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (DOC. 20) AND TERMINATING THIS CASE IN THIS COURT. Signed by Judge Timothy S. Black on 1/8/18. (jlm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)