Mitchell v. Warden, Chillicothe Correctional Institution

Justia Dockets & Filings Sixth Circuit Ohio Southern District Mitchell v. Warden, Chillicothe Correctional Institution

Mitchell v. Warden, Chillicothe Correctional Institution

Petitioner:	Harry Mitchell
Respondent:	Warden, Chillicothe Correctional Institution
Case Number:	1:2016cv01118
Filed:	December 2, 2016
Court:	US District Court for the Southern District of Ohio
Office:	Cincinnati Office
County:	HAMILTON
Presiding Judge:	Michael R. Barrett
Presiding Judge:	Stephanie K. Bowman
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 1651
Jury Demanded By:	None

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Date Filed	Document Text
February 27, 2018	Filing 11 ORDER adopting Report and Recommendation re 10 Report and Recommendation granting 7 Motion to Dismiss. Signed by Judge Michael R. Barrett on 2/27/18. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 6, 2018	Filing 10 REPORT AND RECOMMENDATIONS re 7 Respondent's Motion to Dismiss. IT IS RECOMMENDED THAT: (1) Respondent's motion to dismiss 7 be GRANTED, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 1 be DISMISSED with prejudice on the ground that the petition is time-barred under 28 U.S.C. § 2244(d); (2) A certificate of appealability should not issue with respect to any of the claims for relief alleged in the petition, which this Court has concluded are barr ed from review on a procedural ground; (3) With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting this Report and Rec ommendation 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 2/20/2018. Signed by Magistrate Judge Stephanie K. Bowman on 2/6/2018. (km)(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

February 27, 2018

Filing 11 ORDER adopting Report and Recommendation re 10 Report and Recommendation granting 7 Motion to Dismiss. Signed by Judge Michael R. Barrett on 2/27/18. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

February 6, 2018

Filing 10 REPORT AND RECOMMENDATIONS re 7 Respondent's Motion to Dismiss. IT IS RECOMMENDED THAT: (1) Respondent's motion to dismiss 7 be GRANTED, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 1 be DISMISSED with prejudice on the ground that the petition is time-barred under 28 U.S.C. § 2244(d); (2) A certificate of appealability should not issue with respect to any of the claims for relief alleged in the petition, which this Court has concluded are barr ed from review on a procedural ground; (3) With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting this Report and Rec ommendation 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 2/20/2018. Signed by Magistrate Judge Stephanie K. Bowman on 2/6/2018. (km)(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: Harry Mitchell
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Respondent: Warden, Chillicothe Correctional Institution
Represented By:	Hilda Rosenberg
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