Chatmon v. LaRose

Filing 22

Order and Decision Adopting the Report and Recommendation re 12 of the Magistrate Judge. The petition is dismissed as time barred. An appeal from this decision may not be taken in good faith and there is no basis upon which to issue a certificate of appealability. Judge John R. Adams on 7/7/16. (K,C)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

Pierre Chatmon,

Petitioner,
vs.
Christopher LaRose,

Respondent.

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CASE NO. 1:15CV719

JUDGE JOHN R. ADAMS

ORDER AND DECISION

On April 20, 2016, this Court instructed Petitioner Pierre Chatmon to file any objections
to the pending Report and Recommendation by no later than May 4, 2016. Upon attempting to
serve that order, the Court learned that Chatmon had been transferred and had not informed the
Court. As a result, the order was served upon Chatmon at his new address on May 3, 2016.
More than 60 days have passed since the order was served on Chatmon, and he has not
responded to the Report and Recommendation in any manner.
The Court has examined the Report and Recommended Decision of the Magistrate Judge
submitted in this matter on February 3, 3016. Doc. 12. Upon due consideration, and no
objections having been filed by the parties, the Court adopts the Report and recommended
findings and conclusions of the Magistrate Judge and incorporates them herein. Therefore, it is
ordered that petition is hereby DISMISSED AS TIME BARRED.

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Pursuant to 28 U.S.C § 1915(a)(3), the Court certifies that Petitioner may not take an
appeal from the Court’s decision in good faith, and that there is no basis upon which to issue a
certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).
IT IS SO ORDERED.
July 7, 2016

/s/ John R. Adams_______
JUDGE JOHN R. ADAMS
UNITED STATES DISTRICT COURT

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