Albert v. Warden, Chillicothe Correctional Institution

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

Albert v. Warden, Chillicothe Correctional Institution

Petitioner:	Shane Albert
Respondent:	Warden Chillicothe Correctional Institution
Case Number:	2:2016cv01110
Filed:	November 17, 2016
Court:	US District Court for the Southern District of Ohio
Office:	Columbus Office
County:	FRANKLIN
Presiding Judge:	Elizabeth Preston Deavers
Presiding Judge:	George C. Smith
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
June 20, 2017	Filing 9 ORDER adopting and affirming 7 Report and Recommendation; granting 5 Motion to Dismiss. This action is hereby DISMISSED. Moreover, Petitioner's request for a certificate of appealability is DENIED and the Court CERTIFIES, pursuant to 28 U .S.C. § 1915(a)(3), that an appeal from the judgment entered in this action would be objectively frivolous and not made in good faith. Signed by Judge George C. Smith on 6/20/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 18, 2017	Filing 7 REPORT AND RECOMMENDATION re 5 MOTION to Dismiss filed by Warden Chillicothe Correctional Institution in that it is RECOMMENDED that Respondents Motion to Dismiss be GRANTED and that this action be DISMISSED as barred by the one-year sta tute of limitations established by 28U.S.C. § 2244(d). Objections to R&R due by 6/1/2017. Signed by Magistrate Judge Norah McCann King on 5/18/17. (sem)(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

June 20, 2017

Filing 9 ORDER adopting and affirming 7 Report and Recommendation; granting 5 Motion to Dismiss. This action is hereby DISMISSED. Moreover, Petitioner's request for a certificate of appealability is DENIED and the Court CERTIFIES, pursuant to 28 U .S.C. § 1915(a)(3), that an appeal from the judgment entered in this action would be objectively frivolous and not made in good faith. Signed by Judge George C. Smith on 6/20/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

May 18, 2017

Filing 7 REPORT AND RECOMMENDATION re 5 MOTION to Dismiss filed by Warden Chillicothe Correctional Institution in that it is RECOMMENDED that Respondents Motion to Dismiss be GRANTED and that this action be DISMISSED as barred by the one-year sta tute of limitations established by 28U.S.C. § 2244(d). Objections to R&R due by 6/1/2017. Signed by Magistrate Judge Norah McCann King on 5/18/17. (sem)(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: Shane Albert
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Respondent: Warden Chillicothe Correctional Institution
Represented By:	Mary Anne Reese
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