Varner v. Warden Chillicothe Correctional Institution
Filing
20
JUDGMENT AND ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS: IT IS ORDERED that the objections (Doc. 19) to the Report and Recommendation (Doc. 14) be, and hereby are, overruled. That the Report and Recommendation of the Magistrate Judge (Doc. 14) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; That petitioners motion to amend (Doc. 8) be, and hereby is, granted; that respondents motion to dismiss (Doc. 10) be, and hereby is, granted and petition ers Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 4), is dismissed with prejudice. Signed by Judge William O. Bertelsman on 3/24/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CIVIL ACTION NO. 1:16-cv-470 (WOB-JGW)
ANTHONY RAMONE VARNER
VS.
PETITIONER
JUDGMENT
WARDEN, CHILLICOTHE
CORRECTIONAL INSTITUTION
RESPONDENT
This matter is before the Court on the Report and
Recommendation of the United States Magistrate Judge (Doc. 14),
and having considered de novo those objections filed thereto by
Petitioner (Doc. 19), and the Court being sufficiently advised,
IT IS ORDERED that the objections (Doc. 19) to the Report
and Recommendation (Doc. 14) be, and hereby are, overruled. That
the Report and Recommendation of the Magistrate Judge (Doc. 14)
be, and it hereby is, adopted as the findings of fact and
conclusions of law of this Court; That petitioner’s motion to
amend (Doc. 8) be, and hereby is, granted; that respondent’s
motion to dismiss (Doc. 10) be, and hereby is, granted and
petitioner’s Petition for a Writ of Habeas Corpus pursuant to 28
U.S.C. § 2254 (Doc. 4), is dismissed with prejudice. A
certificate of appealability shall not issue with respect to any
of petitioner’s time-barred claims. Pursuant to 28 U.S.C. §
1915(a)(3), any application by petitioner to proceed on appeal
in forma pauperis would be not be taken in “good faith.”
This 24th day of March, 2017.
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