Chapman v. Warden Lebanon Correctional Institution, No. 1:2011cv00648 - Document 5 (S.D. Ohio 2011)

Court Description: OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS re 2 Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE to prosecution of his duplicative habeas petition, Maurice Chapman, Sr. v. W arden, 1:11-cv-00560. The Court DECLINES to issue a certificate of appealability with respect to the dismissal without prejudice. To the extent Petitioner would apply to proceed in forma pauperis on appeal, the Court CERTIFIES that any appeal of th is Opinion and Order would not be taken in good faith, and any application to appeal in forma pauperis thus should be denied. Signed by Judge S Arthur Spiegel on 12/8/2011. (km1) (Additional attachment(s) added on 12/8/2011: # 1 Certified Mail Receipt) (km1).