Everette v. Warden, Warren Correctional Institution
| Thomas Everette, Jr. |
| Warden, Warren Correctional Institution |
| 3:2010cv00343 |
| September 7, 2010 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R Merz |
| Walter H Rice |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
12
DECISION AND ENTRY: (1) ADOPTING 9 and 11 REPORT AND RECOMMENDATIONS and (2) DISMISSING THIS ACTION WITH PREJUDICE. The Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED with prejudice; the Court certifies that, pursuant to 28 USC 1915(a)( 3), an appeal of this Order would not be taken in good faith; and this case is TERMINATED on the docket of this Court. Signed by Judge Timothy S. Black on 1/10/11. (mr1) (Additional attachment(s) added on 1/10/2011: # 1 Certified Mail Receipt DN 12 & 13 sent cert & reg mail) (mr1).
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Filing
11
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having considered Petitioner's Objections, the Magistrate Judge again respectfully recommends that the Petition be dismissed with prejudice, without a certificate of appealability, and without leave to appeal in forma pauperis. Objections to R&R due by 1/24/2011. Signed by Magistrate Judge Michael R Merz on 1/5/2011. (kpf1)
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Filing
9
REPORT AND RECOMMENDATIONS; ORDER DENYING APPOINTMENT OF COUNSEL - Petitioner moved for the appointment of counsel (Doc. No. 7). Appointment of counsel in non-capital cases is discretionary unless an evidentiary hearing is ordered. Since it does not appear that an evidentiary hearing is required in this action and funds for appointed counsel are scarce, the Motion is denied. Because Petitioner failed to timely appeal in the required manner from the decision of the Ohio Court of Appeals, he has p rocedurally defaulted on his claims and they should be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied any requested certificate of appealability. Because any appeal would be objectively frivolous, Petitioner should be denied leave to appeal in forma pauperis. Objections to R&R due by 1/6/2011. Signed by Magistrate Judge Michael R Merz on 12/18/2010. (kpf1)
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| Petitioner: Thomas Everette, Jr. | |
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| Respondent: Warden, Warren Correctional Institution | |
| Represented By: | Diane Duemmel Mallory |
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