Wyatt v. Warden, Warren Correctional Institution, No. 1:2013cv00028 - Document 13 (S.D. Ohio 2013)

Court Description: DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 11 ); (2) GRANTING RESPONDENT'S MOTION TO DISMISS (Doc. 9 ); (3) DISMISSING PETITIONER'S PETITION WITH PREJUDICE (Doc. 1 );(4) DE NYING ANY REQUESTED CERTIFICATE OF APPEALABILITY; (5) CERTIFYING THAT ANY APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND DENYING PETITIONER LEAVE TO APPEAL IN FORMA PAUPERIS; AND (6) TERMINATING THIS CASE. Signed by Judge Timothy S. Black on 12/6/2013. (mr1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION DONALD WYATT, : : Petitioner, : : vs. : : WARDEN, Warren Correctional Institution, : : Respondent. : Case No. 1:13-cv-28 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 11); (2) GRANTING RESPONDENT S MOTION TO DISMISS (Doc. 9); (3) DISMISSING PETITIONER S PETITION WITH PREJUDICE (Doc. 1); (4) DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY; (5) CERTIFYING THAT ANY APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND DENYING PETITIONER LEAVE TO APPEAL IN FORMA PAUPERIS; AND (6) TERMINATING THIS CASE This case is before the Court on the Report and Recommendations of United States Magistrate Judge Stephanie K. Bowman. (Doc. 11). The Magistrate Judge concludes that Respondent s Motion to Dismiss (Doc. 9) should be granted, that Petitioner s Petition for Writ of Habeas Corpus should be dismissed with prejudice, that Petitioner be denied a certificate of appealability and that the Court certify that any appeal would be objectively frivolous and deny Petitioner leave to appeal in forma pauperis. (Doc. 11). Petitioner filed no objections to the Report and Recommendations and the time for doing so has expired. 1 As required by 29 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo the substantive filings in this case. Based upon the reasoning and citations of authority set forth in the Magistrate Judge s Report and Recommendations (Doc. 11) and the Court s de novo review, the Court: (1) ADOPTS the Report and Recommendations of the United States Magistrate Judge (Doc. 11) in its entirety; (2) GRANTS Respondent s Motion to Dismiss (Doc. 9); (3) DISMISSES Petitioner s Petition for Writ of Habeas Corpus (Doc. 1) with prejudice; (4) DENIES any request for a certificate of appealability under 28 U.S.C. § 2253(c); (5) CERTIFIES that any appeal would not be taken in good faith and DENIES any request for leave to appeal in forma pauperis; and (6) DIRECTS the Clerk to enter judgment accordingly, whereupon this case TERMINATES on the Court s docket. IT IS SO ORDERED. Date: 12/6/13 /s/ Timothy S. Black Timothy S. Black United States District Judge 2

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