Johnson v. Warden Pickaway Correctional Institution

Filing 60

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS {DOC. # 56 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. # 59 ); OVERRULING PETITIONER'S APPLICATION FOR A CERTIFICATE OF APPEALABILITY (DOC. # 55 )- The bottom line is that any appeal of this Court's December 18, 2017, Decision and Entry, Doc. #52, would be futile because the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus was extremely untimely, and there is no basis for equitable tolling. Petitioner has not argued otherwise. Accordingly, Petitioner's Application for Certificate of Appealability, Doc. #55, is OVERRULED. The above-captioned case shall remain terminated on the Court's docket.. Signed by Judge Walter H. Rice on 3/9/18. (kma)(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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