Royster v. Warden, Chillicothe Correctional Institution

Filing 32

DECISION AND ENTRY ADOPTING DECISION AND ORDER OF MAGISTRATE JUDGE DENYING PETITIONER JOSEPH ALVIN ROYSTER'S MOTION TO EXPAND THE RECORD AND FOREVIDENTIARY HEARING (DOC. # 10 ), AND OVERRULING ROYSTER'S OBJECTIONS THERETO (DOC. # 11 ); ADO PTING IN FULL THE INITIAL (DOC. # 23 ) AND SUPPLEMENTAL (DOC. # 27 ) REPORTS AND RECOMMENDATIONS OF MAGISTRATE JUDGE, OVERRULINGROYSTER'S OBJECTIONS THERETO (DOC. # 25 , 28 ); ROYSTER'S PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABE AS CORPUS BY A PERSON IN STATE CUSTODY (DOC. # 2 ) IS DISMISSED WITHPREJUDICE; ROYSTER IS GRANTED CERTIFICIATE OFAPPEALABILITY FOR GROUND ONE, AS QUESTIONS PRESENTED PERMIT REASONABLE DEBATE AS TO WHETHER APPEAL IS VIABLE; ROYSTER IS DENIED CERTIFICA TE OF APPEALABILITY FOR GROUNDS TWO AND THREE, AS ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS AND SHOULD NOT BE PERMITTED TO PROCEED IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOROF RESPONDENT CHARLOTTE JENKINS, WARDEN, CORRECTIONAL INSTITUTION, AND AGAINST ROYSTER; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 2/17/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)