Conley v. Warden, Southern Ohio Correctional Facility
| 2:2019cv01222 |
| April 12, 2019 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
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Filing
12
DEFICIENCY ORDER - it is hereby ORDERED that Petitioner pay the filing fee of $505.00 not later than May 24, 2019, to the Clerk of this Court, OR file by that date with the Sixth Circuit a motion to proceed on appeal in forma pauperis. Failure to pay the filing fee or file a motion to proceed in forma pauperis with supporting documents with the Sixth Circuit (1) may result in dismissal of the appeal for failure to prosecute and (2) will result in this Courts assessing the entire filing fee against Petitioner. If the appeal is dismissed for failure to prosecute, it will not be reinstated despite subsequent payment or filing of the in forma pauperis application. Signed by Magistrate Judge Michael R. Merz on 5/8/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
8
OPINION and ORDER ADOPTING the REPORT AND RECOMMENDATION 6 in that the petition herein is DISMISSED WITH PREJUDICE. The Court further notes that Petitioner's Objection includes a Notice of Appeal in the event of an adverse ruling. The Clerk i s DIRECTED to docket that Notice of Appeal. Nevertheless, because reasonable jurists would not disagree with the conclusions in the Opinion and Order, Petitioner is denied a certificate of appealability. The Court also certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge George C. Smith on 5/2/19. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
6
REPORT AND RECOMMENDATIONS - Because Conley procedurally defaulted his claims by failing to timely appeal to the Supreme Court of Ohio, his Petition should be dismissed with prejudice. Because reasonable jurists would not disagree with this concl usion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 4/26/2019. Signed by Magistrate Judge Michael R. Merz on 4/11/2019. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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