Kwambana v. Warden, Chillicothe Correctional Institution

Filing 15

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS signed by Judge Susan J. Dlott on 08/15/2017. Petitioner's 3 PETITION for Writ of Habeas Corpus pursuant to 28 U.S.C. §2254 is DENIED with prejudice. (bjc)(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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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Kabinga Kwambana, Petitioner(s), vs. Warden Chillicothe Respondents(s). : : : : : : : : : Case Number: 1:16cv572 Chief Judge Susan J. Dlott ORDER This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on February 2, 2017 a Report and Recommendation (Doc. 9). Subsequently, the petitioner filed objections to such Report and Recommendation (Docs. 13 and 14) which are the same. The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendation should be adopted. Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 (Doc. 3) is DENIED with prejudice. A certificate of appealaiblity will not issue with respect to any of petitioner’s time-barred claims because under the first prong of the applicable two-part standard enunciated in Slack v. McDaniel, 529 U.S. 473, 484-85 (2000), “jurists of reason” will not find it debatable whether the Court is correct in its procedural ruling that such claims are subject to dismissal on statute of limitations grounds. With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court will certify pursuant to 28 U.S.C. §1915(a)(3) that an appeal of any Order adopting the Report and Recommendation will not be taken in “good faith,” therefore DENYING petitioner leave to appeal in forma pauperis upon a showing of financial necessity. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997). IT IS SO ORDERED. ___s/Susan J. Dlott___________ Judge Susan J. Dlott United States District Court

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