Webb v. Houk
Filing
15
Memorandum of Opinion and Order Adopting Report and Recommendation of the Magistrate Judge in its entirety. Webb's Petition for Habeas Corpus is dismissed. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. There is no basis on which to issue a certificate of appealability. Fed. R. App. P. 22(b); 28 U.S.C. § 2253(c). Related document: 11 Report and Recommendation. Judge John R. Adams on 10/23/12. (R,Sh)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
Anthony D. Webb,
Petitioner,
vs.
Scott Houk,
Respondent.
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CASE NO. 1:11CV2658
JUDGE JOHN R. ADAMS
MEMORANDUM OF OPINION AND
ORDER
This action is before the Court upon objections filed by Petitioner Anthony Webb,
asserting error in the Report and Recommendation (“the R&R”) of Magistrate Judge Kathleen
Burke. The Court ADOPTS the R&R (Doc. 15) in its entirety. The Petition is DISMISSED.
Where objections are made to a magistrate judge’s R&R this Court must:
must determine de novo any part of the magistrate judge’s disposition that has
been properly objected to. The district judge may accept, reject, or modify the
recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions.
Fed. R. Civ. P. 72(b)(3). The Court has reviewed de novo the R&R as it relates to Sowell’s
objection. The objection lack merit.
The R&R concluded that Webb’s petition was untimely under the AEDPA’s statute of
limitations. Webb’s objections appear to contend that he did not intend to challenge his original
conviction, but instead sought to challenge the rulings on his post-conviction relief proceedings
in the state court. However, the R&R properly concluded that once the AEDPA’s statute of
limitations has run out, it cannot be revived through later, untimely filings. Webb has neither
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argued, nor shown, any error in the law and reasoning of the R&R. Accordingly, his objections
are overruled.
The Court hereby ADOPTS the Report and Recommendation in its entirety. Webb’s
Petition for Habeas Corpus is DISMISSED.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision
could not be taken in good faith.
There is no basis on which to issue a certificate of
appealability. Fed. R. App. P. 22(b); 28 U.S.C. § 2253(c).
IT IS SO ORDERED.
October 23, 2012
/s/ John R. Adams_______
JUDGE JOHN R. ADAMS
UNITED STATES DISTRICT COURT
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