Carter v. Adams County Court of Common Pleas, No. 1:2017cv00650 - Document 25 (S.D. Ohio 2019)

Court Description: DECISION AND ENTRY adopting Report and Recommendations re 23 Report and Recommendations, and terminating this case in this Court. Signed by Judge Timothy S. Black on 5/29/19. (rrs)

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Carter v. Adams County Court of Common Pleas Doc. 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION PAUL W. CARTER, Petitioner, vs. ADAMS COUNTY COURT OF COMMON PLEAS, Respondent. : : : : : : : : : : Case No. 1:17-cv-650 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 23) AND TERMINATING THIS CASE IN THIS COURT This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on April 22, 2019, submitted a Report and Recommendation. (Doc. 23). No objections were filed. As required by 28 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 all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that the Report and Recommendation should be and is hereby ADOPTED in its entirety. Accordingly, for the reasons stated above: 1) Petitioner’s petition for writ of habeas corpus (Doc. 1) is DISMISSED with prejudice; Dockets.Justia.com 2) A certificate of appealability shall not issue with respect to any of the grounds for relief alleged in the petition because petitioner has not stated a “viable claim of the denial of a constitutional right,” nor are the issues presented “adequate to deserve encouragement to proceed further.” See Slack v. McDaniel, 529 U.S. 473, 475 (2000) (citing Barefoot v. Estelle, 463 U.S. 880, 893 & n.4 (1983)); see also 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b); 3) The Court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this Order would not be taken in good faith and therefore Petitioner is denied leave to appeal in forma pauperis; 4) The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED from the docket of this Court. IT IS SO ORDERED. Date: 5/29/19 s/ Timothy S. Black Timothy S. Black United States District Judge 2

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