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15-090 - Johnson v. Warden Pickaway Correctional Institution


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15-090 - Johnson v. Warden Pickaway Correctional Institution
March 12, 2015
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REPORT AND RECOMMENDATIONS; ORDER DENYING APPOINTMENT OF COUNSEL AND EVIDENTIARY HEARING - It is therefore respectfully recommended that the Petition herein be dismissed with prejudice as barred by the statute of limitations. Petitioner's Motions for Appointment of Counsel (Doc. No. 2) and for an Evidentiary Hearing (Doc. No. 3) are denied as moot. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability 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 3/30/2015. Signed by Magistrate Judge Michael R Merz on 3/12/2015. (kpf1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 17, 2015
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ORDER STAYING CASE PENDING EXHAUSTION - Petitioner's Motion for Stay Pending Exhaustion (Doc. No. 8) is GRANTED and the Report and Recommendations are WITHDRAWN. Petitioner is ordered to keep this Court currently advised of any decision by the Second District Court of Appeals. This Court will conduct a new initial review of the Petition after the Second District (or the Supreme Court of Ohio if it accepts jurisdiction) has decided the case. Signed by Magistrate Judge Michael R Merz on 3/17/2015. (kpf1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 18, 2017
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ORDER VACATING STAY; RENEWED REPORT AND RECOMMENDATIONS -It is ORDERED that the Stay herein be, and it hereby is, VACATED. The administrative processing of this case is also VACATED and the case is returned to the active docket. It is recommended again that the Petition herein be DISMISSED WITH PREJUDICE. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability 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 2/1/2017. Signed by Magistrate Judge Michael R. Merz on 1/18/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 8, 2017
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REPORT AND RECOMMENDATIONS re 28 MOTION to Dismiss case as time-barred filed by Warden Pickaway Correctional Institution - It is Recommended that Johnsons Petition is barred by the statute of limitations and should therefore be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability 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 9/22/2017. Signed by Magistrate Judge Michael R. Merz on 9/8/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 2, 2017
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS (DOC. #35); SUSTAINING RESPONDENT'S MOTION TO DISMISS (DOC. #28); DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. ยง 2254 FOR WRIT OF HABEAS CORPUS (DOC. #5); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 10/2/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 5, 2017
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DECISION AND ORDER DENYING MOTION TO COMPEL 38. Signed by Magistrate Judge Michael R. Merz on 10/5/2017. (kpf)(This document and attachment have been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 13, 2017
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REPORT AND RECOMMENDATIONS ON MOTION TO VACATE 40. Objections to R&R due by 10/27/2017. Signed by Magistrate Judge Michael R. Merz on 10/13/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 3, 2017
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ted in the NEF that did not receive electronic notification.)REPORT AND RECOMMENDATIONS ON MOTION TO AMEND OR FOR RELIEF FROM JUDGMENT 43. Objections to R&R due by 11/17/2017. Signed by Magistrate Judge Michael R. Merz on 11/3/2017. (kpf)(This document has been sent by regular mail to the party(ies) lis
November 8, 2017
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REPORT AND RECOMMENDATIONS ON RECOMMITTAL - It is again respectfully recommended that the Motion to Vacate (ECF No. 40) be denied. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability 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 11/22/2017. Signed by Magistrate Judge Michael R. Merz on 11/7/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 18, 2017
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS ON MOTION TO VACATE (DOC. #41), REPORT AND RECOMMENDATIONS ON MOTION TO AMEND OR FROM RELIEF FROM JUDGMENT (DOC. #44), AND REPORT AND RECOMMENDATIONS ON RECOMMITTAL (DOC. #46); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ##42 AND 51 ); OVERRULING PETITIONER'S MOTION TO VACATE AND REINSTATE CASE DUE TO LACK OF SERVICE OF THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION[S] (DOC.#40); OVERRULING PETITIONER'S MOTION TO AMEND, OR IN THE ALTERNATIVE, FOR RELIEF FROM JUDGMENT UNDER FED. R. CIV.P. 59 AND 60 (DOC. #43); CASE TO REMAIN TERMINATED ONDOCKET. Signed by Judge Walter H. Rice on 12/18/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)