Sims v. Marquis, No. 1:2019cv00118 - Document 12 (N.D. Ohio 2019)

Court Description: Opinion and Order adopting 11 Report and Recommendation of the Magistrate Judge. The petition is DENIED. The Court certifies that Petitioner may not take an appeal from the Court's decision in good faith, and that there is no basis upon which to issue a certificate of appealability. Judge John R. Adams on 12/11/19. (S,HR)

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Sims v. Marquis Doc. 12 UNITED STATES DISTRICT COURT NORTERN DISTRICT OF OHIO EASTERN DIVISION Antrnwn T. Sims, Petitioner, Warden Dave Marquis, Respondent. ) ) ) ) ) ) ) ) ) ) CASE NO.: 1:19CV118 JUDGE JON ADAMS ORDER AND DECISION The Comi has examined the Repo1i and Recommended Decision of the Magistrate Judge submitted in this matter on November 14, 2019. Doc. 11. Upon due consideration, and no objections having been iled by the paiiies, the Comi adopts the Repo1i and recommended indings and conclusions of the Magistrate Judge and incoporates them herein. Therefore, it is ordered that petition is hereby DENED. Pursuant to 28 U.S.C § 1915(a)(3), the Comi ce1iiies that Petitioner may not take an appeal from the Court's decision in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). IT IS SO ORDERED. Date: December 1, 2019 Isl John R. Adams JUDGE JON R. ADMS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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