Webster v. Warden, Belmont Correctional Institution

Justia Dockets & Filings Sixth Circuit Ohio Southern District Webster v. Warden, Belmont Correctional Institution

Webster v. Warden, Belmont Correctional Institution

Petitioner:	Nathaniel Webster, Jr.
Respondent:	Warden, Belmont Correctional Institution
Case Number:	1:2015cv00329
Filed:	May 18, 2015
Court:	US District Court for the Southern District of Ohio
Office:	Cincinnati Office
County:	BELMONT
Presiding Judge:	Timothy S. Black
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
February 20, 2024	Filing 22 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus, filed by Nathaniel Webster, Jr. IT IS RECOMMENDED THAT: (1) Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) be DENIED with pre judice; (2) A certificate of appealability should not issue with respect to the claims alleged in the petition; (3) A certificate of appealability should not issue; (4) With respect to any application by petitioner to proceed on appeal in forma paupe ris, the Court should certify pursuant 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, should DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 3/5/2024. Signed by Magistrate Judge Stephanie K. Bowman on 2/20/2024. (km)

Date Filed

Document Text

February 20, 2024

Filing 22 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus, filed by Nathaniel Webster, Jr. IT IS RECOMMENDED THAT: (1) Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) be DENIED with pre judice; (2) A certificate of appealability should not issue with respect to the claims alleged in the petition; (3) A certificate of appealability should not issue; (4) With respect to any application by petitioner to proceed on appeal in forma paupe ris, the Court should certify pursuant 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, should DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 3/5/2024. Signed by Magistrate Judge Stephanie K. Bowman on 2/20/2024. (km)

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Petitioner: Nathaniel Webster, Jr.
Represented By:	Michele L. Berry
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Respondent: Warden, Belmont Correctional Institution
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