Render v. Warden, Lebanon Correctional Institution, No. 1:2010cv00629 - Document 41 (S.D. Ohio 2012)

Court Description: OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS re 25 Report and Recommendation as to Grounds One through Three and Five through Seven. As such, the petition for writ of habeas corpusas amended 5 18 is DENIED with prejudice, except for Ground Four of the Petition 5 . The Court GRANTS a conditional writ of habeas corpus as to Ground Four and DIRECTS the Clerk to remand this matter to the Hamilton County, Ohio Court of Common Pleas for further proceedings consistent with this decis ion. The Court further DENIES 34 Motion to Stay Proceedings and 38 Motion to Amend Petition. The Court DECLINES to issue a certificate of appealability with respect to the claims alleged in Grounds One through Three of the petition and Ground s Five through Seven of the amended petition, and CERTIFIES that any appeal of this Order to deny with prejudice any claims for relief, except Ground Fourt, would not be taken in good faith and therefore, this Court DENIES petitioner leave to appeal in forma pauperis with respect to those claims. Signed by Judge S Arthur Spiegel on 8/22/2012. (km1) (Additional attachment(s) added on 8/22/2012: # 1 Certified Mail Receipt) (km1).