Jones v. Kelly et al, No. 4:2008cv03017 - Document 15 (N.D. Ohio 2009)

Court Description: MEMORANDUM OPINION & ORDER Adopting Report and Recommendation. Petition for writ of habeas corpus is denied. Court certifies that an appeal of this decision could not be taken in good faith and that petitioner has failed to make a substantial showing of the denial of a constitutional right. Therefore, the Court declines to issue a certificate of appealability. Judge Jack Zouhary on 12/23/09. (B,CJ)

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Jones v. Kelly et al Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Aaron L. Jones, Case No. 4:08 CV 3017 Petitioner, MEMORANDUM OPINION AND ORDER -vsJUDGE JACK ZOUHARY Warden B. Kelly, et al., Respondents. Petitioner Aaron Jones, a prisoner in state custody, filed a Petition for a Writ of Habeas Corpus (Doc. No. 1). The case was referred to United States Magistrate Judge Vernelis Armstrong for a Report and Recommendation (R&R) pursuant to Local Rule 72.2(b)(2). The Magistrate Judge filed her R&R on November 24, 2009 (Doc. No. 14). Under the relevant statute: Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b)(1)(C). The ten-day period has elapsed, and no objections have been filed. The failure to file written objections constitutes a waiver of a de novo determination by the district court of an issue covered in the report. United States v. Sullivan, 431 F.3d 976, 984 (2005). This Court has reviewed the R&R, and having found it legally and factually accurate, adopts the R&R in its entirety. Accordingly, the Petition for Writ of Habeas Corpus is denied. Dockets.Justia.com Further, under 28 U.S.C. §§ 1915(a) and 2253(c), this Court certifies that an appeal of this action could not be taken in good faith and that Petitioner has failed to make a substantial showing of the denial of a constitutional right. Therefore, this Court declines to issue a certificate of appealability. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE December 23, 2009 2

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