Little v. Warden, Warren Correctional Institution

Filing 8

ORDER by William O. Bertelsman adopting 7 Report and Recommendations and granting 4 Motion to Dismiss filed by Respondent Warden, Warren Correctional Institution. The petition for writ of habeas corpus be, and it hereby is, DISMISSED, WITH PREJUDICE, on that ground that it is time-barred. No certificate of appealability shall issue herein. An appeal of this order would not be taken in good faith and the court will deny any motion to proceed in forma pauperis on appeal. (eh1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CIVIL ACTION NO. 1:10cv468 (WOB)
SCHAWN D. LITTLE

PETITIONER

VS.

ORDER

WARDEN, WARREN CORRECTIONAL
INSTITUTION

This

matter

is

before

RESPONDENT

the

court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (Doc. #7), and
there being no objections filed thereto by petitioner, and the
court being sufficiently advised,
IT IS ORDERED AND ADJUDGED that the Report and Recommendation
of the Magistrate Judge (Doc. #7) be, and it is, hereby adopted as
the findings of fact and conclusions of law of the court; that the
respondent’s motion to dismiss (Doc. #4) be, and it hereby is,
granted; that the petition for writ of habeas corpus (Doc. #1) be,
and it hereby is, dismissed, with prejudice, on the ground that it
is time-barred, pursuant to 28 U.S.C. § 2244(d); that no
certificate of appealability shall issue herein; that an appeal of
this Order would not be taken in "good faith", and the court will
deny any motion to proceed in forma pauperis on appeal upon a
showing of financial necessity; and that this matter be dismissed

and stricken from the docket of this court.
shall enter concurrently herewith.
This 9th day of June, 2011.

A separate Judgment

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CIVIL ACTION NO. 1:10cv468 (WOB)
SCHAWN D. LITTLE
VS.

PETITIONER
JUDGMENT

WARDEN, WARREN CORRECTIONAL
INSTITUTION

RESPONDENT

Pursuant to the Order entered concurrently herewith,
IT IS ORDERED AND ADJUDGED that the within action be, and it
is, hereby dismissed, with prejudice, and stricken from the docket
of this court.
This 9th day of June, 2011.