Wright v. Warden Lebanon Corr

Filing 61

ENTRY AND ORDER OVERRULING OBJECTIONS 60 , ADOPTING REPORT AND RECOMMENDATIONS 58 , DENYING PETITIONER'S MOTION TO REOPEN JUDGMENT 56 . Signed by Judge Thomas M. Rose on 8-29-2017. (de)(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 AT DAYTON TIMOTHY D. WRIGHT, : Case No. 3:02-cv-63 : Petitioner, : Judge Thomas M. Rose : v. : : HARRY RUSSELL, Warden, : Lebanon Correctional Institution, : : Respondent. : ______________________________________________________________________________ ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 60), ADOPTING REPORT AND RECOMMENDATIONS (DOC. 58), DENYING PETITIONER’S MOTION TO REOPEN JUDGMENT (DOC. 56) ______________________________________________________________________________ This case is before the Court on the Objections (Doc. 60) filed by Petitioner Timothy D. Wright (“Petitioner”) to the Magistrate Judge’s Report and Recommendations (Doc. 58), which recommended that Petitioner’s Motion to Reopen Judgment (Doc. 56) be denied as barred by the statute of limitations. As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that Petitioner’s Objections (Doc. 60) to the Report and Recommendations (Doc. 58) are not well-taken and they are hereby OVERRULED. The Court ADOPTS the Report and Recommendations (Doc. 58) in its entirety and DENIES Petitioner’s Motion to Reopen Judgment (Doc. 56). Because reasonable jurists would not disagree with this conclusion, the Court also denies any requested certificate of appealability and hereby certifies to the United States Court of Appeals for the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. This case shall remain terminated on the docket of this Court. DONE and ORDERED in Dayton, Ohio, this Tuesday, August 29, 2017. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE 2

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