Martin v. State Of Ohio

Filing 5

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 3 ) IN THEIR ENTIRETY; PETITIONER'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. 4 ) OVERRULED; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PET ITIONER HEREIN, DENYING PETITION FOR WRIT OF HABEAS CORPUS AS BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS; CERTIFICATE OF APPEALABILITY IS NOT TO ISSUE; ANTICIPATED REQUEST TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY. Signed by Judge Walter H Rice on 9/23/09. (cib1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JERALD ALLEN MARTIN, : Petitioner, : vs. : STATE OF OHIO, : Respondent. JUDGE WALTER HERBERT RICE Case No. 3:09cv146

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #3) IN THEIR ENTIRETY; PETITIONER'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. #4) OVERRULED; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER HEREIN, DENYING PETITION FOR WRIT OF HABEAS CORPUS AS BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS; CERTIFICATE OF APPEALABILITY IS NOT TO ISSUE; ANTICIPATED REQUEST TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY

Pursuant to the reasoning and citations of authority set forth by the United States Magistrate Judge, in her Report and Recommendations filed April 20, 2009 (Doc. #3), as well as upon a thorough de novo review of this Court's file and the applicable law, this Court adopts said Report and Recommendations in their entirety, and overrules the Petitioner's Objections (Doc. #4) thereto. Regardless of the merits of the Petition, it is clear, without doubt, that said claims are barred by the one-year statute of limitations set forth in the Antiterrorism and Effective Death Penalty Act of 1996.

Given that Petitioner has failed to make a substantial showing of the denial of a constitutional right and that reasonable jurists would not find it debatable as to whether the captioned matter is time barred, this Court denies the Petitioner a Certificate of Appealability. Moreover, given that any appeal from this Court's decision would be objectively frivolous, any requested leave to appeal in forma pauperis is denied.

The captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.

/s/ Walter Herbert Rice September 23, 2009 WALTER HERBERT RICE UNITED STATES DISTRICT JUDGE

Copies to: Jerald Allen Martin, Pro Se Petitioner