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14-602 - Tibbetts v. Warden Chillicothe Correctional Institution


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14-602 - Tibbetts v. Warden Chillicothe Correctional Institution
December 29, 2014
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Wardens Motion to Dismiss be DENIED - re 7 MOTION to Dismiss for Lack of Jurisdiction Objections to R&R due by 1/15/2015. Signed by Magistrate Judge Michael R Merz on 12/28/14. (pb1)
February 23, 2015
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Warden's Objections essentially reiterate the Motion to Dismiss and therefore do not require additional analysis. Based on the reasoning previously given, the Magistrate Judge againrespectfully recommends that the Motion to Dismiss be denied. Objections to R&R due by 3/12/2015. Signed by Magistrate Judge Michael R Merz on 2/23/2015. (kpf1)
March 5, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations, and 17 Supplemental Report and Recommendations. Warden's 7 Motion to Dismiss is DENIED and the alternative motion to transfer case to the Sixth Circuit 7 is DENIED. Signed by Judge Susan J. Dlott on 3/5/15. (wam1)
September 23, 2015
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REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS; DECISION AND ORDER ON MOTION TO AMEND - The Warden's Motion to Dismiss is technically moot because Tibbetts proposes to replace the Petition with an Amended Petition and it is respectfully recommended that the Motion to Dismiss be DENIED on that basis. The Motion for Leave to File an Amended and Supplemental Petition is DENIED without prejudice to its renewal not later than October 9, 2015. Objections to R&R due by 10/13/2015. Signed by Magistrate Judge Michael R. Merz on 9/23/2015. (kpf)
October 28, 2015
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ORDER by Judge Susan J. Dlott adopting Report and Recommendations re 31 Report and Recommendations.; denying 22 Motion to Dismiss (vp)
April 5, 2017
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MEMORANDUM OPINION AND TRANSFER ORDER - This case is a second-or-successive habeas corpus attack on the same judgment/sentence of death collaterally attacked in Tibbetts prior habeas case. It thus may not proceed without permission of the circuit court under 28 U.S.C. ยง 2244(b). The case is therefore ordered TRANSFERRED to the United States Court of Appeals for the Sixth Circuit for determination of whether or not it may proceed. The effective date of this Order is POSTPONED until District Judge Dlott decides any appeal from this Order. Signed by Magistrate Judge Michael R. Merz on 4/5/2017. (kpf)
May 30, 2017
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DECISION AND ORDER transferring case to the United States Court of Appeals for the Sixth Circuit for determination of whether or not it may proceed.. Signed by Judge Susan J. Dlott on 5/26/17. (wam) Modified on 5/31/2017 to change document type (kpf).