Parrish v. Warden, Marion Correctional Institution

Filing 36

DECISION AND ENTRY AFFIRMING DECISION AND ORDER OF MAGISTRATE JUDGE DENYING PETITIONER WILLIAM A. PARRISH, JR.'S MOTION FOR EVIDENTIARY HEARING AND FOR APPEAL BOND (DOC. # 13 ), AND OVERRULING PARRISH'S OBJECTIONS THERETO(DOC. # 14 ), EXCEP T AS MODIFIED IN SUPPLEMENTAL OPINION AND MODIFIED ORDER ON RECOMMITTAL (DOC. # 16 ); AFFIRMING IN FULL SUPPLEMENTAL OPINION AND MODIFIED ORDER ON RECOMMITTAL (DOC. # 16 ); AFFIRMING IN FULL DECISION AND ORDER OF MAGISTRATE JUDGE OVERRULING RENEWED M OTION FOR EVIDENTIARY HEARING (DOC. # 24 ), AND OVERRULING PARRISH'S OBJECTIONS THERETO (DOC. # 26 ); OVERRULING ORDER OF MAGISTRATE JUDGE STRIKING OBJECTIONS AS UNTIMELY (DOC. # 32 ), SUSTAINING PARRISH'S OBJECTIONS THERETO (DOC. # 33 ), A ND OVERRULING SUPPLEMENTAL OPINION ON STRIKING OBJECTIONS (DOC. # 35 ); ADOPTING IN FULL REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE (DOC. # 3 0), AND OVERRULING PARRISH'S OBJECTIONS THERETO (DOC. # 3 1 ); MOTION TO DISMISS OF RESPONDENT L YN EAL WAINWRIGHT, WARDEN, MARION CORRECTIONAL INSTITUTION (DOC. # 19 ), IS SUSTAINED, AND PARRISH'S PETITION FOR WRIT OF HABEAS CORPUS (DOC. # 3 ) IS DISMISSED WITH PREJUDICE; PARRISH IS DENIED A CERTIFICATE OF APPEALABILITY, AS NO REASONABLE JURI ST WOULD FIND THAT HE MADE A SUBSTANTIAL SHOWING OF A DENIAL OF A CONSTITUTIONAL RIGHT; CERTIFICATION THAT PARRISH SHOULD NOT BE PERMITTED TO PROCEED ON APPEAL IN FORMA PAUPERIS, AS ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS; JUDGMENT TO ENTER IN FAVOR OF THE WARDEN AND AGAINST PARRISH; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 9/5/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)