From Casetext: Smarter Legal Research

Johnson v. Warden, Chillicothe Correctional Inst.

United States District Court, S.D. Ohio, Western Division
Jul 30, 2007
Case No. 1:06cv156 (S.D. Ohio Jul. 30, 2007)

Summary

holding that filing for delayed appeal tolls but does not restart the statute of limitations

Summary of this case from Ratliff v. Jefferys

Opinion

Case No. 1:06cv156.

July 30, 2007


ORDER


This matter is before the Court on the Magistrate Judge's Report and Recommendation filed July 6, 2007 (Doc. 11).

Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.

Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, the Court finds the Magistrate Judge's Report and Recommendation to be correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Petition for Writ of Habeas Corpus is dismissed with prejudice as to Grounds One and Three of the petition; and Grounds Two and Four of the petition are denied with prejudice. A certificate of appealability will not issue and leave will not be granted for Petitioner to proceed in forma pauperis on appeal. This action is closed.

IT IS SO ORDERED.

Exhibit


Summaries of

Johnson v. Warden, Chillicothe Correctional Inst.

United States District Court, S.D. Ohio, Western Division
Jul 30, 2007
Case No. 1:06cv156 (S.D. Ohio Jul. 30, 2007)

holding that filing for delayed appeal tolls but does not restart the statute of limitations

Summary of this case from Ratliff v. Jefferys

holding that filing for delayed appeal tolls but does not restart the statute of limitations

Summary of this case from Finney v. Bobby
Case details for

Johnson v. Warden, Chillicothe Correctional Inst.

Case Details

Full title:Alan P. Johnson, Petitioner, v. Warden, Chillicothe Correctional…

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

Date published: Jul 30, 2007

Citations

Case No. 1:06cv156 (S.D. Ohio Jul. 30, 2007)

Citing Cases

Ratliff v. Jefferys

A motion for delayed appeal, "even if granted, does not restart the statute of limitations. . . ." DiCenzi v.…

Finney v. Bobby

The Sixth Circuit emphasized this point in DiCenzi v. Rose, 452 F.3d 465, 468-469 (6th Cir. 2006), stating…