Opinion
Case Number: 1:08cv628.
June 23, 2009
ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Black filed on May 13, 2009 (Doc. 14), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired June 1, 2009, hereby ADOPTS said Report and Recommendation.
Accordingly, respondent's motion to dismiss (Doc. 6) is GRANTED and the petition is DISMISSED with prejudice on the ground that it is barred from review under the one-year statute of limitations set forth in 28 U.S.C. § 2244(d).
Petitioner's motion for summary judgment (Doc. 11) is DENIED.
A certificate of appealability will not issue with respect to the petition, which this Court has concluded is barred by the statute of limitations, because under the applicable two-part standard enunciated in Slack v. McDaniel, 529 U.S. 473, 484-85 (2000), "jurists of reason" would not find it debatable whether the Court is correct in its procedural ruling.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order adopting this Report and Recommendation will not be taken in "good faith" and, therefore, DENIES petitioner leave to proceed on appeal in forma pauperis upon showing of financial necessity. See Fed.R.App.P. 24(a); Kincade v. Sparkman, 117 F.3d 942, 952 (6th Cir. 19970.
IT IS SO ORDERED.
Exhibit