Hargrove v. Warden Lebanon Correctional Institution

Filing 9

REPORT AND RECOMMENDATION that the 3 Petition for Writ of Habeas Corpus 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 petit ioner'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 appeallate review. Respondent's 6 MOTION to Dismis s should be Denied without prejudice subject to refiling if and when appropriate. A certificate of appealability should not issue in this matter. Any appeal of the matter would not be taken in good faith, and therefore Deny petitioner leave to appe al in forma pauperis. Objections to R&R due by 8/25/2017. Signed by Magistrate Judge Karen L. Litkovitz on 8/11/2017. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)