Smith v. Warden Toledo Correctional Institution, No. 3:2010cv00367 - Document 26 (S.D. Ohio 2011)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS AND ORDER OF THE UNITED STATES MAGISTRATE JUDGE (DOC. 23 ) IN THEIR ENTIRETY AND OVERRULING PETITIONER'S OBJECTIONS (DOC. 25 ) THERETO; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER DENYING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS AND DISMISSING SAME ON THE GROUND THAT THE CLAIMS THEREIN ARE PROCEDURALLY DEFAULTED; PETITIONER'S MOTIONS AT DOC. 2 , 8 , 11 , 21 AND 22 DEEMED MOOT; ANTICIPATED REQUEST FOR CERTIFICATE OF APPEALABILITY AND FOR LEAVE TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY. Signed by Judge Walter H Rice on 9/15/11. (cib1)