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17-2414 - JOHNSON v. STATE OF INDIANA


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17-2414 - JOHNSON v. STATE OF INDIANA
May 2, 2018
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Order Denying Petition for Writ of Habeas Corpus, Denying Motion for Evidentiary Hearing, and Denying a Certificate of Appealability - Petitioner James John Johnson is serving a 25-year sentence for his 2009 Decatur County, Indiana conviction for sexual misconduct with a minor. He brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. For the reasons that follow, Mr. Johnson's petition for a writ of habeas corpus is denied and the action dismissed with prejudice. Mr. Johnson's motion for evidentiary hearing, dkt. 15, is denied. In addition, the Court finds that a certificate of appealability should not issue. This Court has carefully reviewed the state record in light of Mr. Johnson's claims and has given such consideration to those claims as the limited scope of its review in a habeas corpus proceeding permits. Having applied the appropriate standard of review, and having considered the pleadings and the record, Mr. Johnson's petition for writ of habeas corpus must be denied. Judgment consistent with this Entry shall now issue. The clerk is directed to update the docket to reflect that the correct Respondent is "Warden." The Court denies a certificate of appealability. (SEE ORDER). Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 5/2/2018.(APD)