Alston v. Erdos, No. 1:2019cv00752 - Document 11 (N.D. Ohio 2019)
Court Description: Opinion and Order adopting 10 Report and Recommendation of the Magistrate Judge. Petition 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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Alston v. Erdos Doc. 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Willie J. Alston, Petitioner, Warden Ronald Erdos, Respondent. ) ) ) ) ) ) ) ) ) ) CASE NO.: 1:19CV752 JUDGE JOHN ADAMS ORDER AND DECISION The Court has examined the Report and Recommended Decision of the Magistrate Judge submitted in this matter on October 22, 2019. Doc. 10. Upon due consideration, and no objections having been filed by the parties, the Court adopts the Report and recommended findings and conclusions of the Magistrate Judge and incorporates them herein. Therefore, it is ordered that petition is hereby DENIED. Pursuant to 28 U.S.C § 1915(a)(3), 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. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). IT IS SO ORDERED. Date: December 11, 2019 /s/ John R. Adams JUDGE JOHN R. ADAMS UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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