Coots v. Warden London Correctional Insitution

Justia Dockets & Filings Sixth Circuit Ohio Southern District Coots v. Warden London Correctional Insitution

Coots v. Warden London Correctional Insitution

Petitioner:	James Coots
Respondent:	Warden London Correctional Insitution
Case Number:	3:2015cv00216
Filed:	June 18, 2015
Court:	US District Court for the Southern District of Ohio
Office:	Dayton Office
County:	MADISON
Presiding Judge:	Michael R. Merz
Presiding Judge:	Walter H Rice
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
November 19, 2015	Filing 9 DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS {DOC. # 8 ); DISMISSING PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS {DOC. # 3 ) WITH PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY - Based on the reasoning and citations of authority set forth by Magistrate Judge Merz, in his October 22, 2015, Report and Recommen dations, Doc. # 8 , as well as upon a thorough de novo review of this Court's file and the applicable law, this Court ADOPTS said judicial filing in its entirety. Although Petitioner was informed of his right to file Objections to the Report a nd Recommendations, and ofthe consequences of failing to do so, no Objections have been filed within the time allotted. The Petition for a Writ of Habeas Corpus, Doc. # 3 , is DISMISSED WITH PREJUDICE, because Petitioner procedurally defaulted on a ll of his grounds for relief. Given that Petitioner has not made a substantial showing of the denial of a constitutional right and, further, that the Court's decision herein would not be debatable among reasonable jurists, and because any appeal from this Court's decision would be objectively frivolous, Petitioner is denied a certificate of appealability, and is denied leave to appeal in forma pauperis. Judgment will be entered in favor of Respondent and against Petitioner. The capti oned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.. Signed by Judge Walter H. Rice on 11/19/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 22, 2015	Filing 8 REPORT AND RECOMMENDATIONS - Because Coots procedurally defaulted all his grounds for relief by not timely appealing to the Ohio Supreme Court, it is respectfully recommended that the Petition be dismissed with prejudice. Because reasonable jurists w ould not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 11/9/2015. Signed by Magistrate Judge Michael R. Merz on 10/22/2015. (kpf)(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

November 19, 2015

Filing 9 DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS {DOC. # 8 ); DISMISSING PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS {DOC. # 3 ) WITH PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY - Based on the reasoning and citations of authority set forth by Magistrate Judge Merz, in his October 22, 2015, Report and Recommen dations, Doc. # 8 , as well as upon a thorough de novo review of this Court's file and the applicable law, this Court ADOPTS said judicial filing in its entirety. Although Petitioner was informed of his right to file Objections to the Report a nd Recommendations, and ofthe consequences of failing to do so, no Objections have been filed within the time allotted. The Petition for a Writ of Habeas Corpus, Doc. # 3 , is DISMISSED WITH PREJUDICE, because Petitioner procedurally defaulted on a ll of his grounds for relief. Given that Petitioner has not made a substantial showing of the denial of a constitutional right and, further, that the Court's decision herein would not be debatable among reasonable jurists, and because any appeal from this Court's decision would be objectively frivolous, Petitioner is denied a certificate of appealability, and is denied leave to appeal in forma pauperis. Judgment will be entered in favor of Respondent and against Petitioner. The capti oned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.. Signed by Judge Walter H. Rice on 11/19/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

October 22, 2015

Filing 8 REPORT AND RECOMMENDATIONS - Because Coots procedurally defaulted all his grounds for relief by not timely appealing to the Ohio Supreme Court, it is respectfully recommended that the Petition be dismissed with prejudice. Because reasonable jurists w ould not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 11/9/2015. Signed by Magistrate Judge Michael R. Merz on 10/22/2015. (kpf)(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: James Coots
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Respondent: Warden London Correctional Insitution
Represented By:	M Scott Criss
Represented By:	Mary Anne Reese
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