Turner v. Warden, Noble Correctional Institution

Filing 13

REPORT AND RECOMMENDATION that petitioner's 9 MOTION for Stay of proceedings pending appeal presently before Ohio Supreme Court be Denied as Moot. Respondent's 11 MOTION to Dismiss be Denied. Petitioner's 4 Petition for Writ of Habeas Corpus be Dismissed with prejudice, as well as the claim that petitioner seeks to add as a fifth ground for relief in his traverse in reply to repondent's motion to dismiss 12 . A certificate of appealability should not issue. Any appeal of this matter would not be taken in good faith and therefore Deny petitioner leave to appeal in forma pauperis. Objections to R&R due by 3/27/2009. Signed by Magistrate Judge Timothy S. Black on 3/10/2009. (art, )

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