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Carroll v. Warden, Noble Corr. Inst.

United States District Court, Southern District of Ohio
Mar 15, 2023
2:22-cv-2155 (S.D. Ohio Mar. 15, 2023)

Opinion

2:22-cv-2155

03-15-2023

Dustin J. Carroll, Petitioner, v. Warden, Noble Correctional Institution, Defendant.


MERZ, MAGISTRATE JUDGE.

ORDER

MICHAEL H. WATSON JUDGE, UNITED STATES DISTRICT COURT

Magistrate Judge Merz issued a Report and Recommendation (“R&R”) in this case that recommends the Court reject on the merits Petitioner's Double Jeopardy claim and dismiss as procedurally defaulted Petitioner's speedy trial claim. R&R, ECF No. 12. The R&R notified the parties of their right to object to the recommendations contained therein, id. at 13, and Petitioner failed to timely object.

Accordingly, the Court ADOPTS the R&R, DISMISSES WITH PREJUDICE Petitioner's petition, and CERTIFIES that any appeal would be objectively frivolous such that Petitioner should not be granted leave to appeal in forma pauperis.

IT IS SO ORDERED.


Summaries of

Carroll v. Warden, Noble Corr. Inst.

United States District Court, Southern District of Ohio
Mar 15, 2023
2:22-cv-2155 (S.D. Ohio Mar. 15, 2023)
Case details for

Carroll v. Warden, Noble Corr. Inst.

Case Details

Full title:Dustin J. Carroll, Petitioner, v. Warden, Noble Correctional Institution…

Court:United States District Court, Southern District of Ohio

Date published: Mar 15, 2023

Citations

2:22-cv-2155 (S.D. Ohio Mar. 15, 2023)