Stringer v. Warden, Hocking Correctional Facility

Filing 14

JUDGMENT adopting 11 Report and Recommendations signed by Judge William O. Bertelsman on 8/12/2015. Petitioners 3 Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is DISMISSED with prejudice as barred by procedural defaul t. A certificate of appealability shall not issue with respect to any of the claims alleged herein. Pursuant to 28 U.S.C. §1915(a)(3), any appeal of this judgment would be objectively frivolous and petitioner therefore should not be permitted to proceed in forma pauperis. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CIVIL ACTION NO. 1:14cv336 (WOB-MRM) WILLIAM STRINGER PETITIONER VS. JUDGMENT WARDEN, HOCKING CORRECTIONAL FACILITY RESPONDENT This matter is before the Court on the Report and Recommendation of the United States Magistrate Judge (Doc. #11), and having considered de novo those objections filed thereto by Petitioner (Doc. #13), and the Court being sufficiently advised, IT IS ORDERED that the Report and Recommendation (Doc. #11) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that petitioner’s Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. #3), is DISMISSED with prejudice as barred by procedural default. A certificate of appealability shall not issue with respect to any of the claims alleged herein. Pursuant to 28 U.S.C. § 1915(a)(3), any appeal of this judgment would be objectively frivolous and petitioner therefore should not be permitted to proceed in forma pauperis. This 12th day of August, 2015.

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