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06-563 - Townsend v. Erwin

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06-563 - Townsend v. Erwin
February 29, 2008
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Report and Recommendation that Townsend's petition for a writ of habeas corpus be dismissed as time-barred (Related Doc # 1). Objections to R&R due by 3/14/2008. Referral terminated (Related Doc # 5). Magistrate Judge William H. Baughman, Jr. removed from case. Signed by Magistrate Judge William H. Baughman, Jr. on 02/29/2008. (Hard copy mailed to petitioner.) (G,GS)
May 20, 2008
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Memorandum of Opinion and Order: The Magistrate Judge determined that the Petition's claims were procedurally defaulted. This Court agrees as the record shows that petitioner failed to pursue a timely appeal to the Ohio Supreme Court of the state appellate courts denial of his motion for delayed appeal. Accordingly, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Petition for Writ of Habeas Corpus is dismissed. Furthermore, the Court declines to issue a certificate of appealability.Judge Patricia A. Gaughan on 5/15/08. re 12 (LC,S)