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WILLIAMS v. WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION, 1:11cv448. (2012)

Court: District Court, S.D. Ohio Number: infdco20120619b09 Visitors: 16
Filed: Jun. 18, 2012
Latest Update: Jun. 18, 2012
Summary: ORDER SUSAN J. DLOTT, Chief District Judge. The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman filed on May 11, 2012 (Doc. 8), to whom this case was referred pursuant to 28 U.S.C. 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired May 29, 2012, hereby ADOPTS said Report and Recommendation. Accordingly, respondent's motion to dismiss (Doc. 6) is
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ORDER

SUSAN J. DLOTT, Chief District Judge.

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman filed on May 11, 2012 (Doc. 8), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired May 29, 2012, hereby ADOPTS said Report and Recommendation.

Accordingly, respondent's motion to dismiss (Doc. 6) is GRANTED, and petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 3) is DISMISSED with prejudice on the ground that it is time-barred under 28 U.S.C. § 2244(d).

A certificate of appealability will not issue with respect to any claims alleged in the petition, which this Court has concluded is barred from review on a procedural ground, because under the first prong of the applicable two-part standard enunciated in Slack v. McDaniel, 529 U.S. 473, 484-85 (2000), "jurists of reason " will not find it debatable whether the Court is correct in its procedural ruling.

With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court will certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting the Report and Recommendation will not be taken in "good faith," and therefore DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997).

IT IS SO ORDERED.

Source:  Leagle

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