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14-934 - Westbrook v. Director, Ohio Department of Rehabilitation and Correction


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14-934 - Westbrook v. Director, Ohio Department of Rehabilitation and Correction
February 4, 2016
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REPORT AND RECOMMENDATION signed by Magistrate Judge J. Gregory Wehrman on 2/4/2016. IT IS RECOMMENDED THAT: 1. Respondents 9 Motion to Dismiss be GRANTED, and petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be DISMISSED with prejudice. 2. A certificate of appealability should not issue with respect to any of petitioners time-barred claims. 3. With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in good faith, and therefore DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 2/22/2016. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 20, 2017
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ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS: Accordingly, respondent's motion to dismiss (Doc. 9) is GRANTED and petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 (Doc. 1) is DISMISSED with prejudice. A certificate of appealability will not issue with respect to any of petitioners time-barred claims. Signed by Judge Susan J. Dlott on 3/20/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified text to correct link on 3/21/2017 (mr).