Wilson v. Haviland

District Court, S.D. Ohio

Wilson v. Haviland

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

GEORGE WILSON, : Case No. 1:18-cv-276 : Petitioner, : Judge Timothy S. Black : vs. : Magistrate Judge Stephanie K. Bowman : WARDEN, ALLEN CORRECTIONAL : INSTITUTION, : : Respondent. :

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 10) AND TERMINATING THIS CASE IN THIS COURT

This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on June 5, 2019, submitted a Report and Recommendation. (Doc. 10). No objections were filed. As required by

28 U.S.C. § 636

(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court finds that the Report and Recommendation should be and is hereby adopted in its entirety. Accordingly, for the reasons stated above: 1. The Report and Recommendation (Doc. 10) is ADOPTED.

2. Petitioner’s petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2254

(Doc. 1) is DENIED with prejudice on the ground that the petition is time- barred under

28 U.S.C. § 2244

(d). 3. Acertificate of appealability will not issue with respect to any of the claims for relief alleged in the petition, which this Court has concluded are barred from review on a procedural ground, because under the first prong of the applicable two-part standard enunciated in Slack v. McDaniel,

529 U.S. 473, 484-85

(2000), “jurists of reason” will not find it debatable whether the Court is correct in its procedural ruling. 4. The Court certifies that, pursuant to

28 U.S.C. § 1915

(a)(3), an appeal of this Order would not be taken in good faith and therefore DENIES petitioner leave to appeal in forma pauperis. See Fed. R. App. P. 24(a); Kincade v. Sparkman,

117 F.3d 949, 952

(6th Cir. 1997). 5. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED from the docket of this Court. IT IS SO ORDERED. Date: 10/8/19 An . Timoth lack United States District Judge

Reference

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