Westbrook v. Director, Ohio Department of Rehabilitation and Correction

Justia Dockets & Filings Sixth Circuit Ohio Southern District Westbrook v. Director, Ohio Department of Rehabilitation and Correction

Westbrook v. Director, Ohio Department of Rehabilitation and Correction

Petitioner:	Joey S. Westbrook
Respondent:	Director, Ohio Department of Rehabilitation and Correction
Case Number:	1:2014cv00934
Filed:	December 5, 2014
Court:	US District Court for the Southern District of Ohio
Office:	Cincinnati Office
County:	FAIRFIELD
Presiding Judge:	Susan J. Dlott
Presiding Judge:	J. Gregory Wehrman
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 20, 2017	Filing 20 ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS : Accordingly, respondents motion to dismiss (Doc. 9) is GRANTED and petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 (Doc. 1) is DISMISSED with prejudice. A certifica te of appealability will not issue with respect to any of petitioners time-barredclaims. Signed by Judge Susan J. Dlott on 3/20/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 4, 2016	Filing 13 REPORT AND RECOMMENDATION signed by Magistrate Judge J. Gregory Wehrman on 2/4/2016. IT IS RECOMMENDED THAT: 1. Respondents 9 Motion to Dismiss be GRANTED, and petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be D ISMISSED with prejudice. 2. A certificate of appealability should not issue with respect to any of petitioners time-barred claims. 3. With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursu ant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in good faith, and therefore DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 2/22/2016. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Date Filed

Document Text

March 20, 2017

Filing 20 ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS : Accordingly, respondents motion to dismiss (Doc. 9) is GRANTED and petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 (Doc. 1) is DISMISSED with prejudice. A certifica te of appealability will not issue with respect to any of petitioners time-barredclaims. Signed by Judge Susan J. Dlott on 3/20/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

February 4, 2016

Filing 13 REPORT AND RECOMMENDATION signed by Magistrate Judge J. Gregory Wehrman on 2/4/2016. IT IS RECOMMENDED THAT: 1. Respondents 9 Motion to Dismiss be GRANTED, and petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be D ISMISSED with prejudice. 2. A certificate of appealability should not issue with respect to any of petitioners time-barred claims. 3. With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursu ant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in good faith, and therefore DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 2/22/2016. (eh)(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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Petitioner: Joey S. Westbrook
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Respondent: Director, Ohio Department of Rehabilitation and Correction
Represented By:	William H Lamb
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