Opinion

Brown v. Warden, Chillicothe Correctional Institution

Court
District Court, S.D. Ohio
Filed
May 2, 2023
Cited by
0 cases
Authority
More cited than 28.4%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

JAMES E. BROWN, :

:

Plaintiff, :

:

v. : Case No. 1:17-cv-583

:

WARDEN, Chillicothe Correctional : Judge Jeffery P. Hopkins

Institution :

:

Defendants.

:

ORDER ADOPTING REPORTS AND RECOMMENDATIONS (DOCS. 47 & 53),

OVERRULING OBJECTIONS (DOCS. 51 & 56), AND DENYING MOTION TO

EXPAND THE RECORD (DOC. 57)

This habeas corpus case, brought pro se by the Petitioner James E. Brown under 28

U.S.C. § 2254, is before the Court on the Magistrate Judge’s Report and Recommendation

(Doc. 47) (the “Report”) and Supplemental Report and Recommendation (Doc. 53) (the

“Supplemental Report”). The Petitioner filed objections both to the Report (Doc. 51) and to

the Supplemental Report (Doc. 56). The Petitioner also filed a second Motion for Leave to

Expand the Record in which he asserts that certain documents related to his state court

postconviction petition had been misarranged by the state clerk of courts but that they were

properly included with the Petition (Doc. 57).

The Petitioner’s Motion to Expand the Record currently pending before the Court is

not well taken for reasons already covered by the Magistrate Judge in the very thorough

Report. As noted, the law in the Sixth Circuit is well settled that “the writ of habeas corpus is

not the proper means by which prisoners can challenge errors or deficiencies in state post-

conviction proceedings, . . . which address collateral matters and not the underlying conviction

giving rise to the prisoner’s incarceration.” Dickey v. Warden, Lebanon Corr. Inst., No.

1:08cv819, 2010 WL 92510, at *10 (S.D. Ohio Jan. 6, 2010) (Beckwith, J.; Black, M.J.)

(emphasis added) (citing Kirby v. Dutton, 794 F.2d 245, 247 (6th Cir. 1986); Cress v. Palmer,

484 F.3d 844, 853 (6th Cir. 2007); Roe v. Baker, 316 F.3d 557, 571 (6th Cir. 2002); Alley v. Bell,

307 F.3d 380, 386-87 (6th Cir. 2002)). The Motion to Expand the Record is accordingly

DENIED.

The Court has, likewise, carefully reviewed the comprehensive findings and

conclusions of the Magistrate Judge and has considered de novo all of the filings in this case

with particular attention to the issues as to which Petitioner has lodged objections. Having

done so, the Court determines that the recommendations in the Magistrate Judge’s Report

and Supplemental Report should be adopted.

Accordingly, it is hereby ORDERED that Petitioner’s objections are OVERRULED

and the Report (Doc. 47) and Supplemental Report (Doc. 53) are ADOPTED in their

entirety. The Petition, as amended, is DISMISSED with prejudice for failure to state a claim

for relief. Petitioner is DENIED a certificate of appealability, and the Court hereby certifies

to the United States Court of Appeals that an appeal would not be taken in good faith and

therefore Petitioner should not be permitted to proceed in forma pauperis.

IT IS SO ORDERED.

Dated: May 2, 2023 Peary Lbs

Hi efféry P. Hopkins

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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