Gibson v. Warden Hocking Correctional Facility, No. 1:2010cv00008 - Document 23 (S.D. Ohio 2011)

Court Description: OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS re 12 Report and Recommendation. The Court ADOPTS and AFFIRMS the Magistrate Judge's Report and Recommendation in its entirety 12 and denies Petitioner's objections 18 . Therefor e, Petitioner's habeas corpus petition is DENIED WITH PREJUDICE. Further, the Court FINDS that a certificate of appealability should not issue with respect to the claims alleged in the petition and CERTIFIES pursuant to 28 U.S.C. § 1915(a) (3) that with respect to any application by Petitioner to proceed on appeal in forma pauperis, an appeal of this Order would not be taken in good faith, therefore DENYING Petitioner leave to appeal in forma pauperis. Signed by Judge S Arthur Spiegel on 8/30/2011. (km1) (Additional attachment(s) added on 8/31/2011: # 1 Certified Mail Receipt) (km1).