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15-193 - Creech v. Warden, Chillicothe Correctional Institution


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15-193 - Creech v. Warden, Chillicothe Correctional Institution
February 3, 2016
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REPORT AND RECOMMENDATIONS; ORDER FOR FURTHER PLEADING - It is respectfully recommended that the Motion to Dismiss (ECF No. 11) be DENIED WITHOUT PREJUDICE AS MOOT. Although Respondent properly filed the Motion to Dismiss in response to Magistrate Judge Bowman's Order for Answer (ECF No. 6), Respondent is now ORDERED, not later than March 15, 2016, to file an answer conforming to the requirements of Rule 5 of the Rules Governing § 2254 Cases. Not later than twenty-one days after the Answer is filed, Petitioner may file a reply as is contemplated by Rule 5(e) of the Rules Governing § 2254 Cases. Objections to R&R due by 2/22/2016). Signed by Magistrate Judge Michael R. Merz on 2/3/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 2, 2016
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ORDER adopting Report and Recommendation re 18 Report and Recommendations denying without prejudice 11 Motion to Dismiss. Signed by Judge Michael R. Barrett on 3/2/16. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 18, 2016
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DECISION AND ORDER - The Petition herein is STAYED pending the outcome of Petitioner's presently pending appeal. Petitioner shall keep this Court currently advised of the status of those proceedings. Signed by Magistrate Judge Michael R. Merz on 3/18/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 26, 2016
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ORDER VACATING STAY - Upon advice from Respondent (ECF No. 24) that the Ohio Supreme Court has concluded the state court proceedings for which a stay was entered, it is hereby ordered that the stay entered March 18, 2016, be, and it hereby is VACATED. The Court now considers this case ripe for decision. Signed by Magistrate Judge Michael R. Merz on 9/26/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 27, 2017
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ORDER VACATING STAY - Based on recent status reports from the Warden to which Petitioner has not objected, the Court finds that the state court proceedings in deference to which this case was stayed are now final. Accordingly, the Stay of Proceedings (ECF No. 26) is VACATED and the Magistrate Judge treats the case as ripe for decision. Signed by Magistrate Judge Michael R. Merz on 12/27/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 2, 2018
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egular mail to the party(ies) listed in the NEF that did not receive electronic notification.)SCHEDULING ORDER - Accordingly, Petitioner is ordered to file a motion for leave to amend which shall have attached a complete proposed amended petition not later than January 29, 2018. This document shall be merely the proposed pleading with no attachments except it shall be accompanied by a memorandum showing why, in Petitioners opinion, amendments are not barred by the statute of limitations. The motion to amend will be briefed on the usual schedule provided by S. D. Ohio Civ. R. 7.2, to wit, twenty-one days for any memorandum in opposition and seventeen days thereafter for any reply memorandum. If the Court allows the amendment, it will order an amended return from Respondent, accompanied by the state court record, prepared in the way now customary in these cases, to wit, in a bookmarked. pdf document. When that is complete, Petitioner may move to expand the record to include additional documents he believes are necessary for adjudication of the case. The instant Motion to File Documents to Supplement the Record is DENIED without prejudice to its renewal after the State Court Record in complete form has been filed. Signed by Magistrate Judge Michael R. Merz on 12/29/2017. (srb)(This document has been sent by r