Bates v. Warden Southern Ohio Correctional Facility, No. 3:2011cv00327 - Document 11 (S.D. Ohio 2013)

Court Description: DECISION AND ENTRY ADOPTING THE CONCLUSIONS OF THE REPORT AND RECOMMENDATIONS (DOC. 7 ) OF THE MAGISTRATE JUDGE, WITH THE VARIATIONS IN REASONING SET FORTH BELOW; PLAINTIFF'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. 9 ) OVERRULED; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER HEREIN, DISMISSING PETITIONER'S PETITION FOR A WRIT OF HABEAS CORPUS PURSUANT TO 28U.S.C. § 2254 (DOC. 1 ) WITH PREJUDICE; CERTIFICATE OF APPEALABILITY AND ANTICIPATED MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY. Signed by Judge Walter H Rice on 4/8/2013. (kf)