Davis v. Warden, Hocking Correctional Facility
||John W Davis
||Warden, Hocking Correctional Facility
||April 21, 2016
||US District Court for the Southern District of Ohio
||Susan J. Dlott
||Karen L. Litkovitz
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2254
|Jury Demanded By:
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|March 29, 2017
ORDER ADOPTING 14 REPORT AND RECOMMENDATION signed by Judge Susan J. Dlott on 3/29/17. Respondents 10 Motion to Dismiss is GRANTED. Petitioners prose petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED with preju dice on the ground that it is time-barred. A certificate of appealability will not issue. The Court will certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting the Report and Recommendation will not be taken in good faith, and therefore DENIES petitioner leave to appeal in forma pauperis upon a showing of financial necessity. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|December 9, 2016
ORDER that petitioner's 6 Motion for Leave to incorporate additional exhibits as attachments to his petition is Granted. REPORT AND RECOMMENDATION that respondent's 10 MOTION to Dismiss be Granted and petitioner's 4 petition for writ of habeas corpus be Dismissed with prejudice on the ground that it is time-barred. Any of appeal of this matter would not be taken in good faith, and therefore Deny petitioner leave to appeal in forma pauperis. ( Objections to R&R due by 12/27/2016). Signed by Magistrate Judge Karen L. Litkovitz on 12/9/2016. (art)(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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