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16-694 - Middlebrook v. Warden Hocking Correctional Facility


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16-694 - Middlebrook v. Warden Hocking Correctional Facility
December 14, 2016
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REPORT AND RECOMMENDATION that respondent's 10 MOTION to Dismiss be Denied and, instead, that the instant 6 Petition for Writ of Habeas Corpus be administratively Stayed and Terminated on the Court's active docket pending petitioner's exhaustion of his ineffective-assistance-of-appellate-counsel claim in the state courts. The stay should be conditioned on petitioner's (1) filing a delayed reopening application under ORAP 26(B) with the Ohio Court of Appeals, First Appellate District, within (30) days of entry of any Order adopting this Report and Recommendation; and (2) filing a motion to reinstate the case on this Court's active docket within (30) days after fully exhausting the state-court remedy. Petitioner should be granted leave to reinstate the case on the Court's active docket when he has exhausted his ineffective-assistance-of-appellate-counsel claim in the state courts based on showing that he has complied with the conditions of the stay. Objections to R&R due by 12/28/2016. Signed by Magistrate Judge Karen L. Litkovitz on 12/14/2016. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified to correct text on 12/15/2016 (art).
January 11, 2017
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DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 12). Signed by Judge Timothy S. Black on 1/11/2017. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)