Khamisi v. Hamilton County et al, No. 1:2017cv00819 - Document 3 (S.D. Ohio 2019)
Court Description: DECISION AND ENTRY adopting Report and Recommendations re 2 Report and Recommendations.. Signed by Judge Timothy S. Black on 2/28/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Khamisi v. Hamilton County et al Doc. 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JELANI KHAMISI, Petitioner, vs. HAMILTON COUNTY, et al., Respondents. : : : : : : : Case No. 1:17-cv-819 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 2) 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 Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and submitted a Report and Recommendation recommending that Petitioner’s pro se petition for a writ of habeas corpus be dismissed without prejudice to refiling after Petitioner has exhausted all available state court remedies. 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: 1. The Report and Recommendation (Doc. 2) is ADOPTED; Dockets.Justia.com 2. The Complaint is DISMISSED without prejudice to refiling after Petitioner has exhausted all available state court remedies; 3. A certificate of appealability shall not issue because Petitioner has not made a substantial showing of the denial of a constitutional right that is remediable at this juncture; 4. Pursuant to 28 U.S.C. § 1915(a)(3), any appeal of this Order would not be taken in “good faith” and Petitioner is denied leave to appeal in forma pauperis; and 5. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court. IT IS SO ORDERED. Date: 2/27/19 s/ Timothy S. Black Timothy S. Black United States District Judge 2
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