Justice v. Warden, Chillicothe Correctional Institution

Filing 17

ORDER denying 16 Motion to Amend. Signed by Magistrate Judge Mark R. Abel on 4/16/12. (sh1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Alonzo N. Justice,

:
Petitioner,

Respondent.

Judge Smith

:

Robin Knab,

Civil Action 2:10-cv-1152

:

v.

:

Magistrate Judge Abel

:

ORDER DENYING MOTION AMEND
On March 2, 2011, the Court entered an order adopting, over Plaintiff’s
objections, the initial screening Report and Recommendation of the Magistrate
Judge, which recommended that this action was a petition for writ of habeas corpus
and should be dismissed for failure to file the petition within the one-year statute of
limitations created by 28 U.S.C. §2244(d)(1). Plaintiff filed a notice of appeal, and
the Court denied his motion to proceed on appeal without prepayment of fees and
cost.
Plaintiff 's September 9, 2011 motion for leave to amend the pleadings (doc.
16) is DENIED. This is a closed case. Plaintiff’s appeal is pending in the United
States Court of Appeals for the Sixth Circuit.
Under the provisions of 28 U.S.C. §636(b)(1)(A), Rule 72(a), Fed. R. Civ. P., and
Eastern Division Order No. 91-3, pt. F, 5, either party may, within fourteen (14) days
after this Order is filed, file and serve on the opposing party a motion for

reconsideration by the District Judge. The motion must specifically designate the
Order, or part thereof, in question and the basis for any objection thereto. The District
Judge, upon consideration of the motion, shall set aside any part of this Order found to
be clearly erroneous or contrary to law.

s/Mark R. Abel
United States Magistrate Judge

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