Johnson v. Warden Lebanon Correctional Institution, No. 3:2015cv00407 - Document 26 (S.D. Ohio 2016)

Court Description: DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S SUBSTITUTED REPORT AND RECOMMENDATIONS (DOC. # 14 , AS SUPPLEMENTED BY DOC. # 20 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. ## 16 , 22 ); SUSTAINING RESPONDENT'S MOTION TO DISMISS (DOC. # 8 ); OVERRULING PETITIONER'S REQUEST FOR ALTERNATIVE WRIT (DOC. # 19 ) ; DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS (DOC. # 2 ); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 8/2/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)