Osborne v. Lebanon Correctional

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
STEVEN OSBORNE,
Petitioner,
v. 	Case Number 2:24-cv-4029
JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Caroline H. Gentry
WARDEN, LEBANON CORRECTIONAL
INSTITUTION,
Respondent.
ORDER
This matter is before the Court on a Report and Recommendation filed by the Magistrate
Judge on October 22, 2025. (ECF No. 15.) The Magistrate Judge recommends that Petitioner
Steven Osborne’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254, filed with the
assistance of counsel, be dismissed as time barred under the Antiterrorism and Effective Death
Penalty Act of 1996, 28 U.S.C. § 2244(d). (Id.)
The parties were advised of their right to object to the Report and Recommendations and
of the consequences of failing to do so (Id. PageID 246–47), but did not do so.
The Court ADOPTS and AFFIRMS the Magistrate Judge’s Report and
Recommendation. (ECF No. 15.) Mr. Osborne’s Petition is DISMISSED on the basis that it is
time barred under 28 U.S.C. § 2244(d). A certificate of appealability will not issue with respect
to any of the claims for relief alleged in the Petition because “jurists of reason” would not find it
debatable whether the Court is correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473,
484–85 (2000). With respect to any application by Petitioner to proceed on appeal in forma
pauperis, the Court certifies under 28 U.S.C. § 1915(a)(3) that an appeal of this Order would not
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be taken in “good faith” and DENIES Petitioner leave to appeal in forma pauperis upon a
showing of financial necessity. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949,
952 (6th Cir. 1997).
The Clerk is DIRECTED to enter judgment and close the case.
IT IS SO ORDERED.
12/12/2025 	s/Edmund A. Sargus, Jr.
DATE 	EDMUND A. SARGUS, JR.
UNITED STATES DISTRICT JUDGE
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