Fears v. Warden, Chillicothe Correctional Institution (2:17-cv-00029), Ohio Southern District Court

Fears v. Warden, Chillicothe Correctional Institution

Ohio Southern District Court
Judge:	Michael R Barrett
Referred:	Michael R Merz
Case #:	2:17-cv-00029
Nature of Suit	535 Prisoner Petitions - Habeas Corpus - Death Penalty
Cause	28:2254 Petition for Writ of Habeas Corpus (State)

Case Filed:	Jan 11, 2017
Terminated:	Mar 29, 2018

Last checked: Monday Jul 10, 2017 5:37 AM EDT

Petitioner Angelo Fears	Represented By Carol Ann Wright Federal Public Defenders Office contact info Alan C Rossman Federal Public Defender, Northern District Of Ohio contact info
Respondent Warden, Chillicothe Correctional Institution	Represented By Stephen E. Maher Office Of The Ohio Attorney General contact info

	GPO Jan 18 2017 MEMORANDUM REGARDING PETITIONER'S OBJECTIONS TO TRANSFER ORDER - Because the transfer has been docketed in the Sixth Circuit (Case No. 17-3042), this Court lacks jurisdiction to reconsider the transfer. Jackson v. Sloan, 800 F.3d 260 (6th Cir. 2015). Signed by Magistrate Judge Michael R. Merz on 1/18/2017. (kpf)
	GPO Feb 23 2017 SCHEDULING ORDER REGARDING OBJECTIONS - This case was transferred to the Sixth Circuit as a second-or-successive habeas corpus petition on January 12, 2017 (ECF No. 6). Petitioner objected, but the Transfer Order had already been docketed, depriving this Court of jurisdiction to consider the Objections. The Sixth Circuit has now vacated the Transfer Order as "prematurely docketed." Accordingly, Respondent's time to respond to the Objections under Fed. R. Civ. P. 72(a) is extended to and including March 9, 2017. Signed by Magistrate Judge Michael R. Merz on 2/23/2017. (kpf)
	GPO Mar 30 2017 SUPPLEMENTAL MEMORANDUM OPINION - The Magistrate Judge recommends that Petitioner's Objections be overruled and this case be transferred to the Sixth Circuit as a second-or-successive habeas petition. Signed by Magistrate Judge Michael R. Merz on 3/29/2017. (kpf)
	GPO Mar 29 2018 ORDER overruling 29Objection to Magistrate Judge Order and transferring this matter to the United States Court of Appeals for the Sixth Circuit. Signed by Judge Michael R. Barrett on 3/29/18. (copy of this order has been emailed to the Sixth Circuit by the Clerk) (ba)

Docket last updated: 04/25/2024 11:59 PM EDT

Tuesday, April 17, 2018
32		32 misc Docket Annotation Tue 04/17 8:24 AM USCA ORDER - Upon consideration of the movant's motion to voluntarily dismiss the case herein pursuant to Rule 42(b), Federal Rules of Appellate Procedure, It is ORDERED that the motion is GRANTED and the case is dismissed. (pb) Related: [-]
Thursday, March 29, 2018
31		31 5 pgs order Order on Objection to Magistrate Judge Order Thu 03/29 3:17 PM ORDER overruling29 Objection to Magistrate Judge Order and transferring this matter to the United States Court of Appeals for the Sixth Circuit. Signed by Judge Michael R. Barrett on 3/29/18. (copy of this order has been emailed to the Sixth Circuit by the Clerk) (ba) Related: [-]
Wednesday, April 19, 2017
30		30 respm Response in Opposition to Motion Wed 04/19 12:55 PM RESPONSE in Opposition re29 Objection to Magistrate Judge Order Doc 27 Recommending Transfer to the Sixth Circuit as a Second Petition filed by Respondent Warden, Chillicothe Correctional Institution. (Maher, Stephen) Related: [-]
Tuesday, April 18, 2017
29		29 motion Objection to Magistrate Judge Order Tue 04/18 11:40 AM Objection to Magistrate Judge Order by Petitioner Angelo Fears. (Wright, Carol) Related: [-]
		misc Notice of Corrective Docket Entry Tue 04/18 11:32 AM Notice of Correction re:28 Objection (non motion) Disregard this entry it was filed in error. Counsel was notified and will refile using Civil Events Motions and Related Filings MotionsObjection to Magistrate Judge Order. Clerk restricted28 to court users only. (jlw) Related: [-]
Thursday, April 13, 2017
28		28 misc Objection (non motion) Thu 04/13 1:43 PM Objection to Magistrate Judge's Supplemental Memorandum Opinion by Petitioner Angelo Fears. (Wright, Carol) Related: [-]
Thursday, March 30, 2017
27		27 order Memorandum & Opinion Thu 03/30 7:41 AM SUPPLEMENTAL MEMORANDUM OPINION - The Magistrate Judge recommends that Petitioner's Objections be overruled and this case be transferred to the Sixth Circuit as a second-or-successive habeas petition. Signed by Magistrate Judge Michael R. Merz on 3/29/2017. (kpf) Related: [-]
Tuesday, March 07, 2017
26		26 respm Reply to Response to Motion Tue 03/07 9:03 AM REPLY to Response to Motion re9 Objection to Magistrate Judge Order filed by Petitioner Angelo Fears. (Wright, Carol) Related: [-]
Monday, March 06, 2017
25		25 order Order Mon 03/06 3:12 PM RECOMMITTAL ORDER - re9 Objection to Magistrate Judge Order filed by Angelo Fears; reply due 3/7/17. Signed by Judge Michael R. Barrett on 3/6/17. (ba) Related: [-]
Tuesday, February 28, 2017
24		24 order Order on Motion for Leave to File Tue 02/28 4:10 PM Notation ORDER granting23 Motion for Leave to File Reply to Warden's Response to Objections. Signed by Magistrate Judge Michael R. Merz on 2/28/2017. (MRM) Related: [-]
23		23 motion Leave to File Document Tue 02/28 3:55 PM Unopposed MOTION for Leave to File Reply by Petitioner Angelo Fears. (Wright, Carol) Related: [-]
Monday, February 27, 2017
22		22 service Certificate of Service Mon 02/27 12:12 PM CERTIFICATE OF SERVICE by Respondent Warden, Chillicothe Correctional Institution re12 Notice of Appearance (Maher, Stephen) Related: [-]
21		21 service Certificate of Service Mon 02/27 9:25 AM DISREGARD THIS ENTRY IT WAS FILED IN ERROR CERTIFICATE OF SERVICE by Respondent Warden, Chillicothe Correctional Institution re Notice (Other), Service the Notice Of Appearance Dated February 24, 2017 (Maher, Stephen) Modified to restrict entry to court users only on 2/27/2017 (jlw) Related: [-]
		notice Notice (Other) Mon 02/27 9:08 AM Notice by Clerk re12 Notice of Appearance: document filed without a certificate of service as required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing, use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process to file a certificate of service and link the event to the Notice of Appearance when prompted. (eh) Related: [-]
		misc Notice of Corrective Docket Entry Mon 02/27 11:57 AM Notice of Correction re:21 Certificate of Service, This entry was filed in error. Counsel was notified and will refile. Clerk restricted entry to court users only. (jlw) Related: [-]
Friday, February 24, 2017
20		20 notice Notice (Other) Fri 02/24 4:50 PM NOTICE by Respondent Warden, Chillicothe Correctional Institution of Sixth Circuit Filing (Wille, Charles) Related: [-]
		Att: 1 Wille NOA
19		19 misc Response (non motion) Fri 02/24 3:13 PM Response re11 Order,,, Set Deadlines,,10 Order, Response Opposing Objections by Respondent Warden, Chillicothe Correctional Institution. (Maher, Stephen) Related: [-]
17		17 notice Notice (Other) Fri 02/24 11:24 AM NOTICE by Petitioner Angelo Fears re13 Order of Filing (Rossman, Alan) Related: [-]
		Att: 1 Exhibit One - Appearance of Counsel filed in Sixth Circuit Court of Appeals
16		16 notice Notice (Other) Fri 02/24 10:35 AM NOTICE by Petitioner Angelo Fears of Filing of Motion to Dismiss (Wright, Carol) Related: [-]
15		15 notice Notice (Other) Fri 02/24 10:25 AM NOTICE by Petitioner Angelo Fears of Filing (Wright, Carol) Related: [-]
14		14 notice Notice (Other) Fri 02/24 10:03 AM NOTICE by Respondent Warden, Chillicothe Correctional Institution re13 Order Of Sixth Circuit Filing (Maher, Stephen) Related: [-]
		Att: 1 Appendix Warden's Sixth Circuit Response
13		13 order Order Fri 02/24 9:40 AM NOTICE OF VIOLATION OF STANDING ORDER NO. 2. Signed by Magistrate Judge Michael R. Merz on 2/24/2017. (kpf) Related: [-]
12		12 notice Notice of Appearance Fri 02/24 9:23 AM NOTICE of Appearance by Stephen E. Maher for Respondent Warden, Chillicothe Correctional Institution (Maher, Stephen) Related: [-]
Thursday, February 23, 2017
18		18 misc Docket Annotation Fri 02/24 11:40 AM USCA Order re6 ORDER TRANSFERRING CASE granting petitioner-movant's motion to dismiss this appeal as prematurely docketed and dismissing the appeal. (sct) Related: [-]
11		11 order Order ~Util - Set Deadlines Thu 02/23 2:45 PM SCHEDULING ORDER REGARDING OBJECTIONS - This case was transferred to the Sixth Circuit as a second-or-successive habeas corpus petition on January 12, 2017 (ECF No. 6). Petitioner objected, but the Transfer Order had already been docketed, depriving this Court of jurisdiction to consider the Objections. The Sixth Circuit has now vacated the Transfer Order as "prematurely docketed." Accordingly, Respondent's time to respond to the Objections under Fed. R. Civ. P. 72(a) is extended to and including March 9, 2017. Signed by Magistrate Judge Michael R. Merz on 2/23/2017. (kpf) Related: [-]
Wednesday, January 18, 2017
10		10 order Order Wed 01/18 1:56 PM MEMORANDUM REGARDING PETITIONER'S OBJECTIONS TO TRANSFER ORDER - Because the transfer has been docketed in the Sixth Circuit (Case No. 17-3042 , this Court lacks jurisdiction to reconsider the transfer. Jackson v. Sloan, 800 F.3d 260 (6th Cir. 2015). Signed by Magistrate Judge Michael R. Merz on 1/18/2017. (kpf) Related: [-]
9		9 motion Objection to Magistrate Judge Order Wed 01/18 7:29 AM Objection to Magistrate Judge Order by Petitioner Angelo Fears. (Wright, Carol) Related: [-]
		misc Docket Annotation Wed 01/18 12:43 PM USCA Case Number 17-3042 re6 ORDER TRANSFERRING CASE. Case Manager - Patricia Elder. (sct) Related: [-]
		misc Notice of Corrective Docket Entry Thu 01/19 8:24 AM Notice of Correction: Please disregard [FORMER DOC. 7] Objection (non motion) - filed using an incorrect ECF event. Please see doc.9 for proper filing. (eh) Related: [-]
Tuesday, January 17, 2017
8		8 order Related Case Memorandum Tue 01/17 10:59 AM RELATED CASE MEMORANDUM ORDER: Judge Barrett has determined that 1:01cv183 is related, the subject case nevertheless will remain with the Judge to who it was assigned. Signed by Judge Michael R. Barrett on 1/17/17. (ba) Related: [-]
Sunday, January 15, 2017
7		7 misc Objection (non motion) Sun 01/15 3:01 PM Objection re6 Order Transferring Case to Sixth Circuit by Petitioner Angelo Fears. (Wright, Carol) Related: [-]
Thursday, January 12, 2017
6		6 order Order Thu 01/12 3:21 PM ORDER TRANSFERRING CASE TO THE CIRCUIT COURT AND DENYING WITHOUT PREJUDICE AUTHORIZATION TO APPEAR IN STATE COURT5 . Signed by Magistrate Judge Michael R. Merz on 1/12/17. (pb) Related: [-]
5		5 motion Miscellaneous Relief Thu 01/12 10:11 AM MOTION Authorization to Appear in State Court by Petitioner Angelo Fears. (Wright, Carol) Related: [-]
Wednesday, January 11, 2017
3		3 notice Notice (Other) Wed 01/11 3:13 PM NOTICE by Plaintiff Angelo Fears re1 Petition for Writ of Habeas Corpus AO-241 2254 Form (Wright, Carol) Related: [-]
2		2 notice Notice (Other) Wed 01/11 3:11 PM NOTICE by Plaintiff Angelo Fears re1 Petition for Writ of Habeas Corpus Civil Cover Sheet (Wright, Carol) Related: [-]
1		1 cmp Petition for Writ of Habeas Corpus Wed 01/11 3:08 PM PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0648-5795608.), filed by Angelo Fears. (Wright, Carol) Related: [-]

Continue to Create Account