Burney Sr. v. Shoop
| Ohio Southern District Court | |
| Judge: | Algenon L Marbley |
| Referred: | Michael R Merz |
| Case #: | 2:21-cv-03422 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Jun 09, 2021 |
| Terminated: | Apr 03, 2023 |
Defendant
Tim Shoop
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Plaintiff
Percy R Burney Sr.
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GPO
Feb 04 2022
on 2/4/2022. (kpf)REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 2/18/2022. Signed by Magistrate Judge Michael R. Merz |
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GPO
Feb 18 2022
DECISION AND ORDER - The Report and Recommendation (ECF No. 13) is WITHDRAWN. Although the caption of the Motion represents Petitioner is prepared to file a reply instanter, the Motion in fact requests an extension of time to file a reply to and including March 17, 2022, which is GRANTED. Signed by Magistrate Judge Michael R. Merz on 2/18/2022. (kpf) |
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GPO
May 13 2022
REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 5/27/2022. Signed by Magistrate Judge Michael R. Merz on 5/13/2022. (kpf) |
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GPO
Jun 29 2022
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the objections, the Magistrate Judge against respectfully recommends the Petition be dismissed with prejudice and that a certificate of appealability be denied. Objections to R&R due by 7/13/2022. Signed by Magistrate Judge Michael R. Merz on 6/29/2022. (kpf) |
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GPO
Apr 03 2023
ORDER ADOPTING REPORT AND RECOMMENDATIONS; OVERRULING Petitioner's Objections. Directing the Clerk to enter judgment dismissing the Petition with prejudice. Petitioner is denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Signed by Chief Judge Algenon L. Marbley on 4/3/2023. (cw) |
| Docket last updated: 09/23/2026 11:59 PM EDT |
| Monday, December 04, 2023 | ||
| 52 | 52
appeal
USCA Order
Tue 12/05 8:17 AM
ORDER of USCA as to48 Notice of Appeal filed by Percy R Burney, Sr. : The application for a certificate of appealability is DENIED and the motion to proceed in forma pauperis on appeal is DENIED as moot. Note: No Mandate to issue . (er) |
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Att: 1
USCA Judgment
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