Middlebrook v. Warden Hocking Correctional Facility

Filing 12

REPORT AND RECOMMENDATION that respondent's 10 MOTION to Dismiss be Denied and, instead, that the instant 6 Petition for Writ of Habeas Corpus be administratively Stayed and Terminated on the Court's active docket pending petitioner� 39;s exhaustion of his ineffective-assistance-of-appellate-counsel claim in the state courts. The stay should be conditioned on petitioner's (1) filing a delayed reopening application under ORAR 26(B) with the Ohio Court of Appeals, First Appel late District, within (30) days of entry of any Order adopting this Report and Recommendation; and (2) filing a motion to reinstate the case on this Court's active docket within (30) days after fully exhausting the state-court remedy. Petitione r should be granted leave to reinstate the case on the Court's active docket when he has exhausted his ineffective-assistance-of-appellate-counsel claim in the state courts based on showing that he has complied with the conditions of the stay. Objections to R&R due by 12/28/2016. Signed by Magistrate Judge Karen L. Litkovitz on 12/14/2016. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)