Turner v. Warden, Noble Correctional Institution
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, )
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?