Young v. Warden, Marion Correctional Institution

Filing 19

ORDER denying issuance of a Certificate of Appealability. Signed by Judge Timothy S. Black on 1/7/2022. (rrs)(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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Case: 1:20-cv-00887-TSB-SKB Doc #: 19 Filed: 01/07/22 Page: 1 of 2 PAGEID #: 795 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION BRADLEY YOUNG, Petitioner, vs. WARDEN, MARION CORRECTIONAL INSTITUTION, Respondent. : : : : : : : : : : Case No. 1:20-cv-887 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman ORDER DENYING ISSUANCE OF A CERTIFICATE OF APPEALABILITY In an Order dated August 24, 2021 (Doc. 16), the Court denied Petitioner Bradley Young’s motions for extension of time (Docs. 11, 13), and his motion for relief from judgment (Doc. 12). With respect to that Order, the Court now denies Petitioner a certificate of appealability. Pursuant to 28 U.S.C. § 2253(c)(2), “a certificate of appealability may issue ... only if the applicant has made a substantial showing of the denial of a constitutional right.” Where, however, “the district court denies a habeas petition on procedural grounds without reaching the prisoner’s underlying constitutional claim, a [certificate of appealability] should issue when the prisoner shows, at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000) (emphasis supplied). Case: 1:20-cv-00887-TSB-SKB Doc #: 19 Filed: 01/07/22 Page: 2 of 2 PAGEID #: 796 Here, the Court concludes that no jurists of reason could debate that Petitioner is barred from review by the one-year statute of limitations governing habeas corpus actions brought pursuant to 28 U.S.C. § 2254. Accordingly, there is no basis upon which to issue a certificate of appealability. Based upon the foregoing, the Court DENIES issuance of a certificate of appealability. IT IS SO ORDERED. Date: 1/7/2022 s/ Timothy S. Black Timothy S. Black United States District Judge 2

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