Riches v. Flanagan et al
| Jonathan Lee Riches |
| Shalane Flanagan, Jen Rhines, Abdi Bile, Shannon Rowbury, Erin Donohue, Kara Goucher, Dayton Police Department, City of Dayton, Dayton Correctional Institute and Ohio State Police |
| 3:2008cv00236 |
| July 3, 2008 |
| US District Court for the Southern District of Ohio |
| Habeas Corpus (General) Office |
| MONTGOMERY |
| Michael R Merz |
| Walter H Rice |
| None |
| Federal Question |
| 28:2254 Petition for Writ of Habeas Corpus (State) |
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Filing
11
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Accordingly, it is hereby ORDERED that Petitioner is DENIED a certificate of appealability. Signed by Judge Walter H Rice on 7/3/2012. (kf)
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Filing
7
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Jonathan Lee Riches - An unsuccessful habeas corpus petitioner cannot appeal without a certificate of appealability. 28U.S.C. §2253 Petitioner should be denied a cer tificate for the following reasons:1. The Court of Appeals lacks jurisdiction over this appeal as the Notice was filed May 21, 2012, more than three years after judgment. 2. Petitioner never objected to the Report and Recommendations (Doc. No. 3) whi ch recommended dismissal of this case for failure to state a claim upon which habeas corpus relief could be granted and for failure to file an amended petition conforming to the Rules Governing § 2254 Cases. He is therefore precluded from raisi ng any issues on appeal.Thomas v. Arn, 474 U.S. 14 (1985). 3. Petitioner has neither paid the appellate filing fee nor requested leave to proceed in forma pauperis. Objections to R&R due by 6/8/2012. Signed by Magistrate Judge Michael R Merz on 05/22/12. (pb1)
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