Young v. Warden, Marion Correctional Institution
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.)
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
Case No. 1:20-cv-887
Judge Timothy S. Black
Magistrate Judge Stephanie K.
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
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
IT IS SO ORDERED.
s/ Timothy S. Black
Timothy S. Black
United States District Judge
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