From Casetext: Smarter Legal Research

McBroom v. Pickaway Correctional Institution

United States District Court, S.D. Ohio, Western Division
Mar 8, 2006
Case No. 3:05cv018 (S.D. Ohio Mar. 8, 2006)

Opinion

Case No. 3:05cv018.

March 8, 2006


DECISION AND ENTRY ADOPTING INITIAL (DOC. #9) AND SUPPLEMENTAL (DOC. #11) REPORTS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE; PETITIONER'S OBJECTIONS TO SAID JUDICIAL FILINGS (DOCS. #10 AND #12) OVERRULED; JUDGMENT ENTERED IN FAVOR OF RESPONDENT AND AGAINST PETITIONER, DISMISSING PETITION FOR WRIT OF HABEAS CORPUS BECAUSE SAME WAS UNTIMELY FILED; CERTIFICATE OF APPEALABILITY AND ANTICIPATED REQUEST FOR LEAVE TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY


Based upon the reasoning and citations of authority set forth by the United States Magistrate Judge in his Initial (Doc. #9) and Supplemental (Doc. #11) Reports and Recommendations, as well as upon a thorough de novo review of this Court's file and the applicable law, said Reports and Recommendations are adopted in their entirety. The Petitioner's Objections to said judicial filings (Docs. #10 and #12) are overruled. Judgment will be ordered entered in favor of the Respondent and against Plaintiff, dismissing the Petitioner's Petition for Writ of Habeas Corpus, as barred by the statute of limitations.

Given that reasonable jurists would not disagree with the reasoning adopted herein, and, further, given that the Petitioner has failed to demonstrate the denial of a constitutional right, this Court denies Petitioner a Certificate of Appealability and an anticipated permission for leave to appeal in forma pauperis.

The captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.


Summaries of

McBroom v. Pickaway Correctional Institution

United States District Court, S.D. Ohio, Western Division
Mar 8, 2006
Case No. 3:05cv018 (S.D. Ohio Mar. 8, 2006)
Case details for

McBroom v. Pickaway Correctional Institution

Case Details

Full title:LEONARD McBROOM, Petitioner, v. WARDEN, PICKAWAY CORRECTIONAL INSTITUTION…

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

Date published: Mar 8, 2006

Citations

Case No. 3:05cv018 (S.D. Ohio Mar. 8, 2006)