McDougald v. Warden Lebanon Correctional Institution, No. 1:2011cv00790 - Document 50 (S.D. Ohio 2014)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS for 36 Report and Recommendations,: Because we find the Magistrate Judges Report and Recommendation (doc. 36) to be thorough, well-reasoned and correct, we hereby ACCEPT, ADOPT and AFFIRM that portion o f it regarding the substance of Petitioners Rule 60(b) motion for the reasons discussed above. Therefore, Petitioners Motion for Leave to file Civil Rule 60 (doc. 29) is DENIED. Accordingly, Petitioners Motion to proceed to final Judgment (doc. 49 ) is DENIED AS MOOT. The Court DECLINES to issue a certificate of appealability because, under the first prong of the standard enunciated in Slack v. Daniel, 529 U.S. 473, 484- 85 (2000), jurists of reason would not find it debatable whether this Court is correct in its procedural ruling. the Court CERTIFIES that any appeal of this Opinion and Order would not be taken in good faith and thus DENIES Petitioner leave to appeal in forma pauperis upon a showing of financial necessity.. Signed by Judge S Arthur Spiegel on 7/15/2014. (jlw1) (Additional attachment(s) added on 7/16/2014: # 1 Certified Mail Receipt) (jlw1).