Callender v. Warden, Ross Correctional Institution
ORDER ADOPTING REPORT AND RECOMMENDATION. DENYING Petitioner's Motion for Stay and Abeyance. This action is DISMISSED. The Court DECLINES to issue a certificate of appealability. The Clerk is DIRECTED to enter FINAL JUDGMENT. Signed by Judge Algenon L. Marbley on 9/13/2017. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
Civil Action 2:16-cv-1120
JUDGE ALGENON L. MARBLEY
Magistrate Judge King
WARDEN, ROSS CORRECTIONAL
recommended that Petitioner’s Motion for Stay and Abeyance (Doc. 10)
Recommendation (Doc. 12). Although the parties were advised of their
right to object to that recommendation and of the consequences of
their failure to do so, there has been no objection.
The Report and Recommendation (Doc. 12) is ADOPTED AND AFFIRMED.
Petitioner’s Motion for Stay and Abeyance (Doc. 10) is DENIED. This
action is hereby DISMISSED.
Pursuant to Rule 11 of the Rules Governing Section 2254 Cases in
the United States District Courts, the Court now considers whether to
issue a certificate of appealability. “In contrast to an ordinary
civil litigant, a state prisoner who seeks a writ of habeas corpus in
decision by a district court.” Jordan v. Fisher, — U.S. —. —, 135
S.Ct. 2647, 2650 (2015); 28 U.S.C. § 2253(c)(1)(requiring a habeas
grounds, a certificate of appealability may issue if the petitioner
establishes that jurists of reason would find it debatable whether the
petition states a valid claim of the denial of a constitutional right,
McDaniel, 529 U.S. 473, 484 (2000).
Upon review of the record, this Court is not persuaded that
have been resolved differently or that jurists of reason would find it
debatable whether this Court was correct in its procedural rulings.
Therefore, the Court DECLINES to issue a certificate of appealability.
The Clerk is DIRECTED to enter FINAL JUDGMENT.
s/Algenon L. Marbley
Algenon L. Marbley
United States District Judge
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