Issa v. Bradshaw

Filing 253

REPORT AND RECOMMENDATIONS - Because Petitioner is no longer in custody pursuant to the judgment which was at issue in this case, the Magistrate Judge respectfully recommends that the Order for Administrative Processing (ECF No. 248) be vacated and the Court enter final judgment dismissing the case as moot. Objections to R&R due by 12/22/2020. Signed by Magistrate Judge Michael R. Merz on 12/8/2020. (kpf)

Case: 1:03-cv-00280-WHR-MRM Doc #: 253 Filed: 12/08/20 Page: 1 of 2 PAGEID #: 10541

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
AHMAD FAWZI ISSA,

:

Petitioner,

:

Case No. 1:03-cv-280

:

District Judge Walter H. Rice
Magistrate Judge Michael R. Merz

-vs:
TIM SHOOP, Warden,
Chillicothe Correctional Institution,
:
Respondent.

REPORT AND RECOMMENDATIONS

This capital habeas corpus case is before the Court on remand from the United States Court of
Appeals for the Sixth Circuit. Pursuant to that court’s Mandate (ECF No. 244), this Court on July 2,
2019, issued a Conditional Writ of Habeas Corpus requiring “that the State of Ohio retry the Petitioner
Ahmad Fawzi Issa within 180 days of the date of this Writ and, unless Petitioner is again convicted and
sentenced pursuant to a new judgment of the Hamilton County Court of Common Pleas, release him from
custody.” (ECF No. 247, PageID 10526).

On August 21, 2019, Petitioner’s counsel furnished this Court with a copy of the
Judgment Entry accepting Petitioner’s plea of guilty to the charge of involuntary manslaughter
and sentencing him to time already served; a copy is attached to ECF No. 252.

Because Petitioner is no longer in custody pursuant to the judgment which was at issue in
this case, the Magistrate Judge respectfully recommends that the Order for Administrative
Processing (ECF No. 248) be vacated and the Court enter final judgment dismissing the case as

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Case: 1:03-cv-00280-WHR-MRM Doc #: 253 Filed: 12/08/20 Page: 2 of 2 PAGEID #: 10542

moot.

December 8, 2020.
s/ Michael R. Merz
United States Magistrate Judge

NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the
proposed findings and recommendations within fourteen days after being served with this Report
and Recommendations. Such objections shall specify the portions of the Report objected to and
shall be accompanied by a memorandum of law in support of the objections. A party may
respond to another party’s objections within fourteen days after being served with a copy thereof.
Failure to make objections in accordance with this procedure may forfeit rights on appeal.

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