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12-859 - Landrum v. Warden Chillicothe Correctional Institution


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12-859 - Landrum v. Warden Chillicothe Correctional Institution
September 2, 2015
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filed his initial Petition and became the exclusive method while his Petition was pending. Objections to R&R due by 9/21/2015. Signed by Magistrate Judge Michael R. Merz on 9/2/2015. (kpf). Landrum v. Robinson, 2015 U.S. Dist. LEXIS 116914REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition be dismissed without prejudice for failure to plead a claim cognizable in habeas corpus with sufficient clarity to distinguish it from the claims Landrum has made in In re Ohio Lethal Injection Protocol Litig. Landrum is granted leave to move to file an amended petition not later than September 15, 2015. Should Landrum move to amend, he must restate his position on why this would not be a second or successive petition. This Court has previously allowed new lethal injection habeas petitions to avoid the second or successive bar on the basis that they were raising new claims which could not previously have been pled, based on the adoption of new lethal injection protocols by the State. But the Court questions whether that rationale can support a habeas claim that any lethal injection execution would be unconstitutional since lethal injection has been an available method of execution in Ohio since before Landrum
October 28, 2015
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS; TRANSFER ORDER - The recommendation in the Report that the Petition be dismissed without prejudice is WITHDRAWN. It is respectfully recommended that no decision be rendered on the cognizability issue pending a decision by the Sixth Circuit on whether this case may proceed. Transfer to the Sixth Circuit is STAYED until Judge Rose has decided any objections which may be filed to this Report and Order or until the time for such objections has expired, whichever is later. Objections to R&R due by 11/16/2015. Signed by Magistrate Judge Michael R. Merz on 10/28/2015. (kpf)
December 16, 2015
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SUPPLEMENTAL OPINION ON RECOMMITTAL. Signed by Magistrate Judge Michael R. Merz on 12/16/2015. (kpf)
February 16, 2016
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ENTRY AND ORDER OVERRULING PETITIONERS OBJECTIONS (DOCS. 27, 34); ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS; TRANSFER ORDER (DOC. 24) AND SUPPLEMENTAL OPINION ON RECOMMITTAL (DOC. 32); AND TRANSFERRING CASE TO THE SIXTH CIRCUIT FOR DETERMINATION UNDER 28 U.S.C. ยง 2244(b)(3) WHETHER IT MAY PROCEED. Signed by Judge Thomas M. Rose on 2/16/16. (pb)
February 15, 2017
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ty 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 3/1/2017. Signed by Magistrate Judge Michael R. Merz on 2/15/2017. 2017 U.S. Dist. LEXIS 21409 (S.D. Ohio 2017) (kpf) Modified on 2/27/2017 (kpf).REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition herein be dismissed for lack of jurisdiction. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealabili
March 2, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 48. It is ORDERED that the Petition be dismissed for lack of jurisdiction. Petitioner is DENIED any requested certificate of appealability and the Court certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Thomas M. Rose on 3-2-2017. (de)