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15-333 - Smith v. Sheriff, Hamilton County Justice Center


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15-333 - Smith v. Sheriff, Hamilton County Justice Center
July 13, 2016
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Thomas L Smith. IT IS RECOMMENDED THAT: (1) Petitioner's pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 1 be DISMISSED without prejudice to refiling after petitioner has exhausted the available remedy of a delayed appeal to the Ohio Court of Appeals from the trial court's 10/15/2015 judgment entry of conviction and sentence in Case No. B-1305689; (2) A certificate of appealability should not issue because, for the foregoing reasons, petitioner has not made a substantial showing of the denial of a constitutional right that is remediable at this juncture in this proceeding; (3) The Court certify pursuant to 28 U.S.C. § 1915(a)(3) that with respect to any application by petitioner to proceed on appeal in forma pauperis, 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. Objections to R&R due by 8/1/2016. Signed by Magistrate Judge Stephanie K. Bowman on 7/13/2016. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 4, 2016
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ORDER adopting Report and Recommendation re 8; dismissing the petition without prejudice to refiling. A certificate of appealaility will not issue. Petitioner is denied leave to appeal IFP. Signed by Judge Sandra S Beckwith on 8/4/16. (mb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)