Parrish v. Warden, Marion Correctional Institution, No. 3:2016cv00486 - Document 36 (S.D. Ohio 2017)

Court Description: 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.)