Collins v. Warden Ohio Rehabilitation Correctional Center
| Ohio Southern District Court | |
| Judge: | Susan J Dlott |
| Referred: | Stephanie K Bowman |
| Case #: | 1:17-cv-00048 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Jan 18, 2017 |
| Terminated: | Mar 12, 2018 |
Petitioner
Joshua E. Collins
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Respondent
Warden Richland Correctional Institution
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GPO
Jan 26 2018
REPORT AND RECOMMENDATIONS re 9 Respondent's Motion to Dismiss. IT IS RECOMMENDED THAT: (1) Respondent's motion to dismiss 9 be GRANTED to the extent that the amended petition 5 be administratively STAYED and TERMINATED on the Court's active docket pending petitioner's exhaustion of his Ohio remedies. The stay should be conditioned on petitioner's filing a motion to reinstate the case on this Court's active docket within 30 days after fully exhausting his state court remedies through the requisite levels of state appellate review. Petitioner should be granted leave to reinstate the case on the Court's active docket when he has exhausted his Ohio remedies based on a showing that he has complied with the conditions of the stay; (2) A certificate of appealability should not issue; and (3) that the Court should certify that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith," and therefore DENY petitioner leave to appeal in forma pauperis. IT IS ORDERED THAT: (1) Petitioner's Motion to Expand the Record 13 is DENIED without prejudice, subject to refilling if and when appropriate. The Clerk of Court is DIRECTED to return the four compact disks received with the motion to the petitioner. Objections to R&R due by 2/9/2018. Signed by Magistrate Judge Stephanie K. Bowman on 1/26/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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GPO
Mar 09 2018
ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS : Petitioner's motion to expand the record is DENIED without prejudice subject to refilling if and when appropriate. Signed by Judge Susan J. Dlott on 3/9/2018. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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GPO
Mar 12 2018
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Motion to Dismiss filed by Warden Chillicothe Correctional Institution. Accordingly 9 motion to dismiss is granted to the extent that the amended petition (doc. 5) is administratively stayed and terminated. Petitioner is granted leave to reinstate the case on the Court's active docket when he has exhausted his Ohio remedies. A certificate of appealability will not issue. The court certifies that an appeal of any order adopting the RR will not be taken in good faith therefore petitioner is denied leave to appeal IFP. Signed by Judge Susan J. Dlott on 3/12/18. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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GPO
Mar 05 2019
at did not receive electronic notification.)REPORT AND RECOMMENDATIONS re 20 21 Petitioner's Motions to Reinstate Case. IT IS RECOMMENDED THAT: (1) Petitioner's motions to reinstate this habeas corpus action 20 21 be DENIED without prejudice and that this action remain stayed and terminated on the Court's active docket pending petitioner's compliance with the conditions of the 3/12/2018 stay order; (2) A certificate of appealability should not issue; and (3) With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting the Report and Recommendation would not be taken in "good faith," and therefore DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 3/19/2019. Signed by Magistrate Judge Stephanie K. Bowman on 3/5/2019. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF th |
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GPO
Mar 28 2019
ORDER adopting 28Report and Recommendations: Accordingly, petitioner's motions to reinstate this habeas corpus action (Docs. 20, 21) areDENIED without prejudice and that this action remain stayed and terminated on the Court'sactive docket pending petitioner's compliance with the conditions of the March 12, 2018 stayorder. Signed by Judge Susan J. Dlott on 3/28/2019. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Docket last updated: 04/24/2024 11:59 PM EDT |
| Wednesday, October 21, 2020 | ||
| 36 | 36
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pgs
order
Order on Motion to Reopen Case
Wed 10/21 10:06 AM
ORDER denying34 Motion to Reopen Case - tbis action remains STAYED AND TERMINATED from the Court's active docket pending Petitioner's compliance with the conditions of the March 12, 2018 stay order, and Petitioner's motion to reopen the case (Doc.34 ) is DENIED. Signed by Judge Susan J. Dlott on 10/21/2020. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Tuesday, April 28, 2020 | ||
| 35 | 35
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pgs
order
Order to Show Cause
Tue 04/28 10:48 AM
ORDER TO SHOW CAUSE Show Cause Response due by 5/28/2020.. Signed by Judge Susan J. Dlott on 4/28/2020. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Monday, April 13, 2020 | ||
| 34 | 34
motion
Reopen Case
Mon 04/13 2:56 PM
MOTION to Reopen Case by Petitioner Joshua E. Collins. (jlw) |
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| Tuesday, January 21, 2020 | ||
| 33 | 33
notice
Notice (Other)
Wed 01/22 9:54 AM
NOTICE of Court 4th District Appeal of Ohio Decision by Petitioner Joshua E. Collins (cb) |
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| Thursday, October 10, 2019 | ||
| 32 | 32
notice
Notice (Other)
Thu 10/10 1:39 PM
NOTICE of Appeals Paperwork by Petitioner Joshua E. Collins (jlw) |
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| Wednesday, April 17, 2019 | ||
| 31 | 31
notice
Notice (Other)
Wed 04/17 2:20 PM
NOTICE of Filing State Court Documents by Petitioner Joshua E. Collins (jlw) |
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| Thursday, March 28, 2019 | ||
| 30 | 30
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pgs
order
Order on Report and Recommendations
Thu 03/28 9:21 AM
ORDER adopting28 Report and Recommendations: Accordingly, petitioner's motions to reinstate this habeas corpus action (Docs. 20, 21) areDENIED without prejudice and that this action remain stayed and terminated on the Court'sactive docket pending petitioner's compliance with the conditions of the March 12, 2018 stayorder. Signed by Judge Susan J. Dlott on 3/28/2019. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Thursday, March 14, 2019 | ||
| 29 | 29
notice
Notice (Other)
Thu 03/14 2:40 PM
NOTICE (jlw) |
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| Tuesday, March 05, 2019 | ||
| 28 | 28
motion
Report and Recommendations
Tue 03/05 10:58 AM
REPORT AND RECOMMENDATIONS re20 21 Petitioner's Motions to Reinstate Case. IT IS RECOMMENDED THAT: (1) Petitioner's motions to reinstate this habeas corpus action20 21 be DENIED without prejudice and that this action remain stayed and terminated on the Court's active docket pending petitioner's compliance with the conditions of the 3/12/2018 stay order; (2) A certificate of appealability should not issue; and (3) With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting the Report and Recommendation would not be taken in "good faith," and therefore DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 3/19/2019. Signed by Magistrate Judge Stephanie K. Bowman on 3/5/2019. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Thursday, February 28, 2019 | ||
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notice
Notice (Other)
Thu 02/28 2:42 PM
NOTICE of Exhibits re24 Response to Order to Show Cause by Petitioner Joshua E. Collins (jlw) |
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| Wednesday, February 27, 2019 | ||
| 26 | 26
misc
Response to Order to Show Cause
Wed 02/27 2:38 PM
RESPONSE TO ORDER TO SHOW CAUSE by Petitioner Joshua E. Collins. (jlw) |
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| Wednesday, February 20, 2019 | ||
| 25 | 25
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pgs
order
Order ~Util - Set Deadlines
Wed 02/20 12:55 PM
ORDER re20 21 Petitioner's Motions to Reopen Case,24 Response to Show Cause Order filed by Petitioner's mother, Teresa Harris, on Petitioner's behalf. It does not appear that Ms. Harris is an attorney licensed to practice law in this Court, nor does it appear that Petitioner is unable to prosecute this case on his own behalf. Therefore, Ms. Harris cannot appear on Petitioner's behalf. The Court, however, will permit Petitioner additional time to respond to the Court's 2/8/2019 Order. Petitioner is hereby ORDERED to show cause, in writing within 30 days of the date of this Order, why this action should not remain stayed and terminated on the Court's active docket pending his compliance with the conditions of the 3/12/2018 stay order. Show Cause Response due by 3/22/2019. Signed by Magistrate Judge Stephanie K. Bowman on 2/20/2019. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Friday, February 15, 2019 | ||
| 24 | 24
misc
Response to Order to Show Cause
Fri 02/15 2:09 PM
RESPONSE TO ORDER TO SHOW CAUSE by Petitioner Joshua E. Collins. (jlw) |
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| Friday, February 08, 2019 | ||
| 23 | 23
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pgs
order
Order ~Util - Set Deadlines
Fri 02/08 10:33 AM
ORDER re20 21 Petitioner's Motions to Reopen Case. Because it appears from the present record that Petitioner has not yet exhausted all available state court remedies and therefore has not complied with the conditions of the 3/12/2018 stay order, Petitioner is hereby ORDERED to show cause, in writing within 30 days of the date of this Order, why this action should not remain stayed and terminated on the Court's active docket pending Petitioner's compliance with the conditions of the 3/12/2018 stay order. Response due by 3/11/2019. Signed by Magistrate Judge Stephanie K. Bowman on 2/8/2019. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Friday, February 01, 2019 | ||
| 22 | 22
notice
Notice (Other)
Fri 02/01 1:09 PM
NOTICE by Petitioner Joshua E. Collins re21 MOTION to Reopen Case #1:17-cv-48 (jlw) |
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| Tuesday, January 22, 2019 | ||
| 21 | 21
motion
Miscellaneous Relief
Wed 01/23 10:33 AM
MOTION to Reopen Case #1:17-cv-48 by Petitioner Joshua E. Collins. (jlw) |
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| Wednesday, September 19, 2018 | ||
| 20 | 20
motion
Reopen Case
Wed 09/19 2:28 PM
MOTION to Reopen Case by Petitioner Joshua E. Collins. (jlw) |
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| Monday, July 16, 2018 | ||
| 19 | 19
notice
Notice of Change of Address
Mon 07/16 1:53 PM
NOTICE of Change of Address AND STATUS REPORT by Petitioner Joshua E. Collins (jlw) |
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| Monday, March 12, 2018 | ||
| 18 | 18
order
Judgment - Clerk
Mon 03/12 3:11 PM
CLERK'S JUDGMENT affirming doc.#17 (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| 17 | 17
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pgs
order
Order Adopting Report and Recommendations
Mon 03/12 3:09 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS for9 Motion to Dismiss filed by Warden Chillicothe Correctional Institution. Accordingly9 motion to dismiss is granted to the extent that the amended petition (doc. 5) is administratively stayed and terminated. Petitioner is granted leave to reinstate the case on the Court's active docket when he has exhausted his Ohio remedies. A certificate of appealability will not issue. The court certifies that an appeal of any order adopting the RR will not be taken in good faith therefore petitioner is denied leave to appeal IFP. Signed by Judge Susan J. Dlott on 3/12/18. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Friday, March 09, 2018 | ||
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pgs
order
Order Adopting Report and Recommendations
Fri 03/09 12:01 PM
ORDER ADOPTING14 REPORT AND RECOMMENDATIONS : Petitioner's motion to expand the record is DENIED without prejudice subject to refilling if and when appropriate. Signed by Judge Susan J. Dlott on 3/9/2018. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Friday, February 16, 2018 | ||
| 15 | 15
misc
Mail Returned
Fri 02/16 1:43 PM
Mail Returned. Mail sent to Joshua Collins re 1/26/2018 (Court only) ***Staff notes - four (4) compact discs received in chambers on 11/6/2017 returned this date to petitioner per the Court's Order and Report and Recommendation 14. (km). Mail was returned at cost of Chillicothe Correctional Institution. Disks were returned to Chambers of Judge Bowman. (jlw) |
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| Friday, January 26, 2018 | ||
| 14 | 14
motion
Report and Recommendations
Fri 01/26 10:38 AM
REPORT AND RECOMMENDATIONS re9 Respondent's Motion to Dismiss. IT IS RECOMMENDED THAT: (1) Respondent's motion to dismiss9 be GRANTED to the extent that the amended petition5 be administratively STAYED and TERMINATED on the Court's active docket pending petitioner's exhaustion of his Ohio remedies. The stay should be conditioned on petitioner's filing a motion to reinstate the case on this Court's active docket within 30 days after fully exhausting his state court remedies through the requisite levels of state appellate review. Petitioner should be granted leave to reinstate the case on the Court's active docket when he has exhausted his Ohio remedies based on a showing that he has complied with the conditions of the stay; (2) A certificate of appealability should not issue; and (3) that the Court should certify that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith," and therefore DENY petitioner leave to appeal in forma pauperis. IT IS ORDERED THAT: (1) Petitioner's Motion to Expand the Record13 is DENIED without prejudice, subject to refilling if and when appropriate. The Clerk of Court is DIRECTED to return the four compact disks received with the motion to the petitioner. Objections to R&R due by 2/9/2018. Signed by Magistrate Judge Stephanie K. Bowman on 1/26/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Monday, November 06, 2017 | ||
| 13 | 13
motion
Miscellaneous Relief
Mon 11/06 2:52 PM
MOTION to Expand the Record/Evidence by Petitioner Joshua E. Collins. (km) |
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utility
Remark
Mon 11/06 2:55 PM
Remark - the Motion to Expand the Record13 was received with four (4) "original" compact discs containing both video and audio recordings. Only originals of these compact discs were received; no copies for the Respondent were provided. The discs will be held in chambers until further Order of the Court. (km) |
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| Friday, June 09, 2017 | ||
| 12 | 12
notice
Notice (Other)
Fri 06/09 2:05 PM
NOTICE by Petitioner's mother. (jlw) |
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| Tuesday, May 30, 2017 | ||
| 11 | 11
respm
Response in Opposition to Motion
Wed 05/31 9:39 AM
PETITIONER'S REPLY TO RESPONDENT'S ANSWER filed by Petitioner Joshua E. Collins. (jlw) |
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| Thursday, May 04, 2017 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Thu 05/04 9:50 AM
Set/Reset Deadlines as to9 Respondent's Motion to Dismiss. Petitioner's response to motion deadline is extended to 5/30/2017 at the request of Respondent in the Notice of Failure of Service10 . (km) |
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| Wednesday, May 03, 2017 | ||
| 10 | 10
notice
Notice (Other)
Wed 05/03 9:41 AM
NOTICE by Respondent Warden Ohio Rehabilitation Correctional Center re9 MOTION to Dismiss Notice of failure of service (Lamb, William) |
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Att: 1
Exhibit envelope with postal notation
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| Thursday, April 13, 2017 | ||
| 9 | 9
motion
Dismiss
Thu 04/13 5:12 PM
MOTION to Dismiss by Respondent Warden Ohio Rehabilitation Correctional Center. (Lamb, William) |
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Att: 1
Exhibit 1- Docket Sheet (16CR000557)
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| Monday, March 27, 2017 | ||
| 8 | 8
notice
Notice of Appearance
Mon 03/27 2:48 PM
NOTICE of Appearance by William H Lamb for Respondent Warden Ohio Rehabilitation Correctional Center (Lamb, William) |
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| Monday, March 13, 2017 | ||
| 7 | 7
order
Order
Mon 03/13 1:56 PM
ORDER : On January 18, 2017, a petition for a writ of habeas corpus was submitted to this Court by Teresa Harris, petitioners mother, along with four compact disks The Clerk of Court is DIRECTED to return to petitioner the disks that accompanied the original petition filed in this action. Should petitioner wish to expand the record to include the contents of the disks, he must file a motion to expand the record to include such evidence. Petitioner must also submit two copies of the original disks so that the proposed additionalevidence may be served on respondent and the Ohio Attorney General.. Signed by Magistrate Judge Stephanie K. Bowman on 3/13/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| 6 | 6
order
Order to Show Cause
Mon 03/13 1:46 PM
ORDER FOR ANSWER: It is ORDERED that Respondent shall file an answer conforming to the requirements of Rule 5 of the Rules Governing '2254 Cases within sixty (60) days of the date of filing of this Order. Signed by Magistrate Judge Stephanie K. Bowman on 3/13/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Wednesday, March 01, 2017 | ||
| 5 | 5
cmp
Amended Petition for Writ of Habeas Corpus
Wed 03/01 2:57 PM
AMENDED Petition for Writ of Habeas Corpus, filed by Joshua E. Collins. (jlw) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Civil Cover Sheet
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| Tuesday, January 31, 2017 | ||
| 4 | 4
order
Order to Show Cause
Tue 01/31 11:46 AM
DEFICIENCY ORDER: Pursuant to Fed. R. Civ. P. 11, every pleading, written motion, and other paper shall be signed by the party if not represented by counsel. The Clerk of Court is therefore DIRECTED to return to petitioner his original petition. Petitioner is ORDERED to sign the petition and return it to the Clerk of Court within thirty (30) days if he still wishes to pursue this matter. Petitioner is advised that failure to comply with this Deficiency Order may result in the dismissal of this action for want of prosecution. Signed by Magistrate Judge Stephanie K. Bowman on 1/31/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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| Thursday, January 26, 2017 | ||
| 3 | 3
misc
Filing Fee Received
Thu 01/26 1:07 PM
Filing fee: $ 5.00, receipt number 100CIN030543 (jlw) |
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| Wednesday, January 25, 2017 | ||
| 2 | 2
notice
Notice (Other)
Wed 01/25 1:29 PM
NOTICE of New Evidence re1 Petition for Writ of Habeas Corpus (jlw) |
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| Wednesday, January 18, 2017 | ||
| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Wed 01/18 1:05 PM
PETITION for Writ of Habeas Corpus, filed by Joshua E. Collins. (jlw) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Civil Cover Sheet
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