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.)

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

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