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07-396 - Cleaver v. Warden London Correctional Institution


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07-396 - Cleaver v. Warden London Correctional Institution
October 18, 2007
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STAY ORDER - It is hereby ORDERED: 1. All proceedings herein are stayed pending the outcome of Petitioner's motion for new trial in the Montgomery County Common Pleas Court, including any proceedings on appeal in that matter. 2. Petitioner shall promptly file with this Court a copy of his Motion for New Trial and shall thereafter keep this Court currently apprised on the status of those proceedings. 3. The Clerk shall serve a copy of this Order and of the Petition and supporting Memorandum on the Attorney General of the State of Ohio. No response is required of the Attorney General at this time, but his office should be aware of the pendency of this matter and the Stay Order. Signed by Chief Magistrate Judge Michael R Merz on 10/18/2007. (sc1, )
July 29, 2008
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REPORT AND RECOMMENDATIONS BECAUSE THE PETITION COMPLAINS OF A JUDGMENT WHICH HAS BEEN SET ASIDE, THAT THE Petition for Writ of Habeas Corpus filed by Michael L Cleaver SHOULD BE DISMISSED AS MOOT, WITHOUT PREJUDICE TO ANY CLAIMS PETITIONER MAY HAVE WITH RESPECT TO THE AMENDED JUDGMENT. Objections to R&R due by 8/15/2008. Signed by Magistrate Judge Michael R Merz on 7/29/2008. (gh1, ).
August 22, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 - It is therefore ORDERED that the Petition herein be DISMISSED AS MOOT, WITHOUT PREJUDICE to any claims Petitioner may have with respect to the amended judgment in the Court of Common Pleas. Signed by Judge Walter H Rice on 8/21/08. (cib1, )