AVERY v. WARDEN, ALLEN CORRECTIONAL INSTITUTION, 1:14cv206 (WOB-SKB). (2015)
Court: District Court, S.D. Ohio
Number: infdco20150318f36
Visitors: 3
Filed: Mar. 16, 2015
Latest Update: Mar. 16, 2015
Summary: ORDER WILLIAM O. BERTELSMAN , District Judge . This matter is before the Court on the Report and Recommendation of the United States Magistrate Judge (Doc. #14), and having considered de novo those objections filed by plaintiff (Doc. #16), and the Court being sufficiently advised, IT IS ORDERED that the Report and Recommendation (Doc. #14) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that respondent's motion to dismiss (Doc. #6) be, and it
Summary: ORDER WILLIAM O. BERTELSMAN , District Judge . This matter is before the Court on the Report and Recommendation of the United States Magistrate Judge (Doc. #14), and having considered de novo those objections filed by plaintiff (Doc. #16), and the Court being sufficiently advised, IT IS ORDERED that the Report and Recommendation (Doc. #14) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that respondent's motion to dismiss (Doc. #6) be, and it ..
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ORDER
WILLIAM O. BERTELSMAN, District Judge.
This matter is before the Court on the Report and Recommendation of the United States Magistrate Judge (Doc. #14), and having considered de novo those objections filed by plaintiff (Doc. #16), and the Court being sufficiently advised,
IT IS ORDERED that the Report and Recommendation (Doc. #14) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that respondent's motion to dismiss (Doc. #6) be, and it is, hereby granted; that petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. §2245 (Doc. #1) be, and it is, hereby dismissed with prejudice on the ground that the petition is time-barred under 28 U.S.C. § 2244(d). A certificate of appealabilty shall not issue with respect to any and all claims for relief alleged herein. Pursuant to 28 U.S.C. §1915(a)(3), any appeal of this Order would not be taken in "good faith" and petitioner should therefore not be permitted to proceed in forma pauperis.
Source: Leagle
