Cooper v. Warden, Pickaway Correctional Institution

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Ronald W. Cooper, Petitioner, Case No. 2:23-cv-2223 Judge James L. Graham v. Magistrate Judge Stephanie K. Bowman.

Warden, Pickaway Correctional Institution, Respondent.

Order This matter is before the Court on the Magistrate Judge’s Report and Recommendation, which recommended that plaintiff’s habeas corpus petition brought under 28 U.S.C. § 2254 be dismissed with prejudice as time-barred.

No objections to the Report and Recommendation have been filed. Upon review, the Court agrees with the Report and Recommendation (Doc. 9), which is hereby adopted. Petitioner’s petition is DISMISSED with prejudice.

The Court certifies pursuant to 28 U.S.C. §1915(a)(3) that an appeal of this order would not be taken in good faith for the reasons stated in the Report and Recommendation. Therefore, the Court declines to issue a certificate of appealability and denies petitioner leave to proceed on appeal in forma pauperis. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997). s/ James L. Graham JAMES L. GRAHAM United States District Judge DATE: August 14, 2024