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Hanna v. Jeffreys

United States District Court, S.D. Ohio, Eastern Division
Mar 16, 2006
Case No. 2:05-cv-727 (S.D. Ohio Mar. 16, 2006)

Opinion

Case No. 2:05-cv-727.

March 16, 2006


OPINION AND ORDER


On February 22, 2006, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus be dismissed as untimely. Petitioner has objected to the Magistrate Judge's Report and Recommendation. Petitioner states that he is withdrawing his allegations in claim four, but otherwise objects to the Magistrate Judge's recommendation that this action be dismissed as barred by the one-year statute of limitations. Petitioner again asserts that equitable tolling of the statute of limitations is appropriate. He raises all of the same arguments that were previously presented. He specifically objects to the Magistrate Judge's conclusion that he failed to exercise due diligence in pursuing his claims, and that his untimely post conviction action and successive 26(B) applications were not "properly filed" within the meaning of 28 U.S.C. § 2244(d)(2).

Pursuant to 28 U.S.C. 636(b)(1), this Court has conducted a de novo review of those portions of the Report and Recommendation objected to by petitioner. For the reasons discussed in the Magistrate Judge's Report and Recommendation, petitioner's objections are OVERRULED The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED.

It is so ORDERED.


Summaries of

Hanna v. Jeffreys

United States District Court, S.D. Ohio, Eastern Division
Mar 16, 2006
Case No. 2:05-cv-727 (S.D. Ohio Mar. 16, 2006)
Case details for

Hanna v. Jeffreys

Case Details

Full title:BRIAN P. HANNA, Petitioner, v. ROB JEFFREYS, Warden, Respondent

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Mar 16, 2006

Citations

Case No. 2:05-cv-727 (S.D. Ohio Mar. 16, 2006)