Kendra French v. Warden, Dayton Correctional Institution

Summary

The United States District Court for the Southern District of Ohio adopts the Magistrate Judge’s Report and Recommendation and dismisses Kendra French’s habeas corpus petition with prejudice. The Court denies a certificate of appealability and certifies that any appeal would be objectively frivolous, thereby denying leave to appeal in forma pauperis. The order also addresses the timeliness of French’s motion for an extension of time under the prison mailbox rule.

Holdings

1. A pro se incarcerated petitioner's filing is timely under the prison-mailbox rule when postal markings show that it was placed in the prison mail system within the applicable filing period.
2. After the extended objection period expired without objections, the district court adopted the magistrate judge's Report and Recommendations.
3. The habeas petition was dismissed in its entirety with prejudice.
4. Petitioner was denied a certificate of appealability and leave to appeal in forma pauperis.

Questions Presented

1. Whether Petitioner's motion for an extension of time and objections-related filing was timely under the prison-mailbox rule.
2. Whether the court should adopt the magistrate judge's Report and Recommendations and dismiss the habeas petition with prejudice.
3. Whether to issue a certificate of appealability and permit Petitioner to appeal in forma pauperis.

Disposition

dismissed