Amburgey v. Warden Chillicothe Correctional Institution

Respondent: Warden Chillicothe Correctional Institution
Petitioner: Denver L. Amburgey
Case Number: 1:2013cv00513
Filed: July 22, 2013
Court: Ohio Southern District Court
Office: Cincinnati Office
County: CLERMONT
Referring Judge: Stephanie K. Bowman
Presiding Judge: S Arthur Spiegel
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
March 13, 2014 10 Opinion or Order of the Court ORDER ADOPTING REPORT AND RECOMMENDATIONS re 8 Report and Recommendations, granting 6 Respondent's Motion to Dismiss. The Court DISMISSES Petitioner's Petition for a Writ of Habeas Corpus 2 with prejudice on the ground that it is ti me-barred under 28 U.S.C. § 2244(d). The Court further FINDS that a certificate of appealability should not issue with respect to any of the claims for relief alleged in the Petition, and CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that w ith respect to any application by Petitioner to proceed on appeal in forma pauperis, an appeal of this Order would not be taken in "good faith" and therefore the Court DENIES Petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Signed by Judge S Arthur Spiegel on 3/13/2014. (km1) (Additional attachment(s) added on 3/13/2014: # 1 Certified Mail Receipt) (km1).
January 28, 2014 8 Opinion or Order of the Court REPORT AND RECOMMENDATIONS re 2 Petition for Writ of Habeas Corpus and 6 Respondent's Motion to Dismiss. It is RECOMMENDED THAT Respondent's Motion to Dismiss 6 be GRANTED and Petitioner's Petition for Writ of Habeas Corpus p ursuant to 28 USC Section 2254 2 be DISMISSED with prejudice on the ground that the petition is time-barred under 28 USC Section 2244(d). It is further RECOMMENDED that a certificate of appealability should not issue with respect to any of the cla ims for relief alleged in the petition, and that the Court CERTIFY that an appeal would not be taken in "good faith," therfore DENYING Petitioner leave to appeal in forma pauperis. Objections to R&R due by 2/14/2014. Signed by Magistrate Judge Stephanie K. Bowman on 1/28/2014. (km1) (Additional attachment(s) added on 1/28/2014: # 1 Certified Mail Receipt) (km1).

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Respondent: Warden Chillicothe Correctional Institution
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Petitioner: Denver L. Amburgey
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