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15-1702 - Campbell v. Jenkins


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15-1702 - Campbell v. Jenkins
September 4, 2015
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ORDER granting 6 Motion to Reassign Case. The Clerk is DIRECTED to transfer this action to the Western Division of this court for assignment to the dockets of the Honorable Walter H. Rice and Magistrate Judge Michael Merz. Signed by Judge Algenon L. Marbley on 09/4/2015. (cw)
September 21, 2015
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DECISION AND ORDER - Based on the reasoning in those decisions, Campbell's Motion for Leave to Amend is DENIED without prejudice to its renewal not later than October 13, 2015. If Campbell does move again to amend, he must state plainly how the claims he wishes to plead here differ from those claims he has pled in In re Ohio Lethal Injection Protocol Litig., Case No. 2:11-cv-1016. In addition, this is Campbell's second in time habeas corpus petition directed to his capital conviction and death sentence. The first petition was dismissed with prejudice and that judgment was affirmed on appeal. Campbell v. Bradshaw, 674 F.3d 578 (3/21/2012); cert deniedsub nom Campbell v. Robinson, 133 S. Ct. 527 (2012). If Campbell moves to amend further, hemust state his position as to why this is not a second or successive habeas petition on which this Court is without jurisdiction absent prior permission from the circuit court of appeals. Signed by Magistrate Judge Michael R. Merz on 9/21/2015. (kpf) Campbell v. Jenkins, 2015 U.S. Dist. LEXIS 125772
February 24, 2016
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SCHEDULING ORDER - The Sixth Circuit having declined to exercise jurisdiction over the transferred matter, it is hereby ORDERED that this case be reopened on the docket of this Court. Petitioner's stated reason for moving for dismissal in the Sixth Circuit was his desire to "appeal to the District Court from the Magistrate Judge's Decision and Order... as permitted by 28 U.S.C. ยง 636(b)(1)(A) and Fed. R. Civ. P. 72(a)." (Motion to Dismiss, page 2.) Now that jurisdiction has been returned to this Court, it is hereby ORDERED that any party wishing to appeal from the Magistrate Judge's Decision and Order do so not later than March 11, 2016. Signed by Magistrate Judge Michael R. Merz on 2/24/2016. (kpf)
March 15, 2016
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ORDER WITHDRAWING PRIOR DECISION - This capital habeas corpus case is before the Magistrate Judge on recommittal from District Judge Rice (ECF No. 27) to require the Magistrate Judge to reconsider his Decision and Order transferring this case to the Court of Appeals (ECF No. 22). In light of the decision in Adams v. Bradshaw, ___ F.3d ___, 2016 U.S. App. LEXIS 4678 (6th Cir. Mar. 15, 2016), the Decision and Order is WITHDRAWN. Petitioner is granted leave to file a supplemental memorandum arguing the impact of Adams on the issues dealt with in the Decision and Order not later than March 29, 2016. The Warden may respond to Petitioners supplemental memorandum not later than fourteen days after it is filed. Signed by Magistrate Judge Michael R. Merz on 3/15/2016. (kpf)
May 10, 2016
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ORDER DENYING MOTION TO TRANSFER WITHOUT PREJUDICE - The Warden's Motion to Transfer (ECF No. 30) is DENIED without prejudice to its renewal not later than thirty days after the mandate issues in Adams II. Signed by Magistrate Judge Michael R. Merz on 5/10/2016. (kpf)
March 14, 2017
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AMENDMENT AND SUPPLEMENT TO SECOND TRANSFER ORDER - Both the original Petition in this case and the instant Renewed Motion to Amend are second-or-successive habeas corpus applications. This Court therefore has no jurisdiction to consider them on the merits without permission of the circuit court. Burton, supra; Franklin v. Jenkins, 839 F.3d 465(6th Cir. 2016). Instead, they must be transferred to the Sixth Circuit for its determination of whether they can proceed. In re Sims, 111 F.3d 45 (6th Cir. 1997).The Second Transfer Order is SUPPLEMENTED with the foregoing analysis of the Renewed Motion to Amend (ECF No. 47) and, given that an appeal has been taken from that order, AMENDED to stay the effective date of the Second Transfer Order until such time as Judge Rice disposes of the appeal. Signed by Magistrate Judge Michael R. Merz on 3/14/2017. (kpf)
March 31, 2017
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SECOND SUPPLEMENTAL MEMORANDUM OPINION - The Magistrate Judge remains persuaded that the Renewed Motion is a second-of-successive habeas application. Signed by Magistrate Judge Michael R. Merz on 3/31/2017. (kpf)
August 16, 2017
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DECISION AND ENTRY OVERRULING PETITIONER ALVA E. CAMPBELL, JR.'S, OBJECTIONS (DOCS. ##48, 51, 55) TO UNITED STATES MAGISTRATE JUDGE'S SECOND TRANSFER ORDER AS AMENDED AND SUPPLEMENTED (DOCS. #46, 50, 54) ; SUSTAINING WARDEN'S RENEWED MOTION TO TRANSFER TO THE SIXTH CIRCUIT AS A SECOND PETITION (DOC. #39); OVERRULING PETITIONER'S MOTION FOR LEAVE TO FILE AN AMENDED PETITION TO ADDRESS NEWLY RIPE CLAIMS UNDER HURST (DOC. #37), AND RENEWED MOTION FOR LEAVE TO FILE AN AMENDED PETITION (DOC. #47); OVERRULING WITHOUT PREJUDICE PETITIONER'S MOTION FOR AUTHORIZATION TO APPEAR IN ANCILLARY STATE COURT LITIGATION (DOC. #38); TRANSFERRING CASE TO UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 8/16/17. (kma)