Steven Osborne v. Warden, Lebanon Correctional Institution
Steven Osborne v. Warden, Lebanon Correctional Institution
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
STEVEN OSBORNE,
Petitioner,
v. Case Number 2:24-cv-4029 JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Caroline H. Gentry WARDEN, LEBANON CORRECTIONAL INSTITUTION,
Respondent.
ORDER This matter is before the Court on a Report and Recommendation filed by the Magistrate Judge on October 22, 2025. (ECF No. 15.) The Magistrate Judge recommends that Petitioner Steven Osborne’s Petition for Writ of Habeas Corpus under
28 U.S.C. § 2254, filed with the assistance of counsel, be dismissed as time barred under the Antiterrorism and Effective Death Penalty Act of 1996,
28 U.S.C. § 2244(d). (Id.) The parties were advised of their right to object to the Report and Recommendations and of the consequences of failing to do so (Id. PageID 246–47), but did not do so. The Court ADOPTS and AFFIRMS the Magistrate Judge’s Report and Recommendation. (ECF No. 15.) Mr. Osborne’s Petition is DISMISSED on the basis that it is time barred under
28 U.S.C. § 2244(d). A certificate of appealability will not issue with respect to any of the claims for relief alleged in the Petition because “jurists of reason” would not find it debatable whether the Court is correct in its procedural ruling. Slack v. McDaniel,
529 U.S. 473, 484–85 (2000). With respect to any application by Petitioner to proceed on appeal in forma pauperis, the Court certifies under
28 U.S.C. § 1915(a)(3) that an appeal of this Order would not be taken in “good faith” and DENIES Petitioner leave to appeal in forma pauperis upon a showing of financial necessity. See Fed. R. App. P. 24(a); Kincade v. Sparkman,
117 F.3d 949, 952(6th Cir. 1997). The Clerk is DIRECTED to enter judgment and close the case.
IT IS SO ORDERED.
12/12/2025 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE
Reference
- Status
- Unknown