Fite v. Warden, Ross Correctional Institution, No. 1:2012cv00877 - Document 11 (S.D. Ohio 2013)

Court Description: DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 9 ). (1) The petition 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 petitioners 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 appellate review. P etitioner should be granted leave to reinstate the case on the Court's active docket when he has exhausted his Ohio remedies based on a showing that he has complied with the conditions of the stay. The Court should withhold judgment on petitione r's motion to amend until petitioner moves the Court to reinstate the case after having had the opportunity to exhaust his state court remedies; (2) A certificate of appeal ability should not issue; and (3) that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith," and therefore DENY petitioner leave to appeal in forma pauperis. Signed by Judge Timothy S. Black on 12/30/2013. (mr1)