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16-1029 - Patrick v. Warden, Lebanon Correctional Institution

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CategoryMouse over help for Category says The category to which the collection belongs. Search field operator example is category:"Judicial Publications".Judicial Publications
CollectionMouse over help for Collection says The collection to which the document belongs. Typically the same as the publication or series. Search field operator example is collection:uscourts. United States Courts Opinions
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Court NameMouse over help for Court Name says The name of the court. Search field operator example is courtname:"United States District Court District of Maryland".United States District Court Southern District of Ohio
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Case TypeMouse over help for Case Type says District cases can either be criminal or civil. Search field operator example is casetype:criminal. civil
Nature of SuitMouse over help for Nature of Suit says The nature of the suit for appellate or district cases. Search field operator example is naturesuit:foreclosure. The CIT uses statutory references to 28 U.S.C. 1581-1584 in lieu of nature of suit codes. Search field operator example is naturesuit:antidumping.Prisoner Petitions - Habeas Corpus
CauseMouse over help for Cause says The cause in a district court case. Search field operator example is cause:"Right to Privacy Act".28:2254 Petition for Writ of Habeas Corpus (State)
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Warden, Lebanon Correctional Institution, Respondent
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16-1029 - Patrick v. Warden, Lebanon Correctional Institution
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August 8, 2017
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REPORT AND RECOMMENDATION that respondent's 5 MOTION to Dismiss be Granted and that the 1 Petition for Writ of Habeas Corpus be Dismissed without prejudice on the ground that petitioner has failed to exhaust the available remedy of a delayed 26(B) application to the Ohio Court of Appeals. A certificate of appealability should not issue in this matter. Any appeal of this matter would not be taken in good faith, and therefore Deny petitioner leave to appeal in forma pauperis. Objections to R&R due by 8/22/2017. Signed by Magistrate Judge Karen L. Litkovitz on 8/8/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 6, 2017
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ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS: Respondents motion to dismiss (Doc. 5) is GRANTED and petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง2254 (Doc. 1) isDISMISSED with prejudice to refiling after petitioner exhausts his state court remedies. Signed by Judge Susan J. Dlott on 9/6/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)