Pena v. Turner

Pena v. Turner

Petitioner:	Ernesto Pena, Jr.
Respondent:	Neil Turner
Case Number:	3:2016cv01023
Filed:	April 28, 2016
Court:	US District Court for the Northern District of Ohio
Office:	Toledo Office
County:	Lucas
Presiding Judge:	Kathleen B. Burke
Presiding Judge:	James G. Carr
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
March 24, 2017	Filing 19 Order: Petitioner's objections to the Magistrate Judges Report and Recommendation (Doc. 17) be, and the same hereby are, overruled; The Report and Recommendation (Doc. 16) be, and the same hereby is, adopted as the order of the court; Re spondents motion to dismiss the petition (Doc. 6) be, and the same hereby is, granted with prejudice; No certificate of appealability shall issue, as reasonable judges would not debate the correctness of the courts timeliness decision; and In acc ordance with 28 U.S.C. § 1915(a)(3), I certify that an appeal from this decision could not be taken in good faith and will not be allowed without prepayment of the filing fee. Related document(s) 1 , 6 and 16 . Judge James G. Carr on 3/24/2017. (D,TM)

Date Filed

Document Text

March 24, 2017

Filing 19 Order: Petitioner's objections to the Magistrate Judges Report and Recommendation (Doc. 17) be, and the same hereby are, overruled; The Report and Recommendation (Doc. 16) be, and the same hereby is, adopted as the order of the court; Re spondents motion to dismiss the petition (Doc. 6) be, and the same hereby is, granted with prejudice; No certificate of appealability shall issue, as reasonable judges would not debate the correctness of the courts timeliness decision; and In acc ordance with 28 U.S.C. § 1915(a)(3), I certify that an appeal from this decision could not be taken in good faith and will not be allowed without prepayment of the filing fee. Related document(s) 1 , 6 and 16 . Judge James G. Carr on 3/24/2017. (D,TM)

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Petitioner: Ernesto Pena, Jr.
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Respondent: Neil Turner
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