Opinion
Case No. 3:11-cv-150
03-22-2013
WILLIAM R. DIXON, Petitioner, v. WARDEN, SOUTHERN OHIO CORRECTIONAL INSTITUTION, Respondent.
District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman
ENTRY AND ORDER DENYING PETITIONER'S MOTION FOR LEAVE TO APPEAL
IN FORMA PAUPERIS (Doc. #28); MOTION TO REQUEST MORE TIME (Doc. #30);
AND MOTION TO REQUEST APPEALABLE ORDER (Doc. #31)
On February 11, 2013, the Court -- adopting the Magistrate Judge's Report and Recommendation (doc. #19) -- dismissed Petitioner's petition for a writ of habeas corpus, and closed this case. Doc. #22. In that Order, the Court denied Petitioner a certificate of appealability and any requested leave to appeal in forma pauperis. Id.
Now before the Court are three additional post-judgment motions: a motion to proceed in forma pauperis on appeal (doc. #28); a motion "to request more time" (doc. #30); and a motion for a certificate of appealability (doc. #31).
The Court has already considered and denied Petitioner's requests for a certificate of appealability and in forma pauperis status on appeal in its February 11, 2013 Order. Doc. #22. The Court reiterates here that reasonable jurists would not disagree with the dismissal of Petitioner's habeas petition. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Therefore, Petitioner's motion "to request [an] appealable order on all grounds" (doc. #31) is DENIED, and he is DENIED a certificate of appealability on all grounds for relief. Further, the Court CERTIFIES that an appeal of the February 11, 2013 Order would not be taken in good faith, and Petitioner's motion for in forma pauperis status on appeal (doc. #28) is DENIED. See 28 U.S.C. § 1915(a)(3). Finally, Petitioner's unspecified motion "to request more time" (doc. #30) is DENIED AS MOOT.
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Judge Thomas M. Rose
United States District Court