Zeigler v. Warden, Lebanon Correctional Institution, No. 1:2022cv00047 - Document 3 (S.D. Ohio 2022)
Court Description: DECISION AND ENTRY adopting the Report and Recommendation of the United States Magistrate Judge (Doc. 2 ); and terminating this case on the Court's docket. Signed by Judge Timothy S. Black on 7/5/2022. (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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Zeigler v. Warden, Lebanon Correctional Institution Doc. 3 Case: 1:22-cv-00047-TSB-SKB Doc #: 3 Filed: 07/05/22 Page: 1 of 2 PAGEID #: 33 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION SEAN ZEIGLER, Petitioner, vs. WARDEN, LEBANON CORRECTIONAL INSTITUTION, Defendant. : : : : : : : : Case No. 1:22-cv-47 Judge Timothy S. Black Magistrate Judge Stephanie Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 2); AND TERMINATING THIS CASE ON THE COURT’S DOCKET 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 submitted a Report and Recommendation on March 8, 2022, recommending that this case be dismissed without prejudice to Petitioner’s duplicative habeas petition, which petition is pending before the Court in Case No. 1:18-cv-580. (Doc. 2). No objections were filed to the Report and Recommendation, and the time for doing so has now expired. 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 relevant filings in this case. Upon consideration of the foregoing, the Court finds 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 Case: 1:22-cv-00047-TSB-SKB Doc #: 3 Filed: 07/05/22 Page: 2 of 2 PAGEID #: 34 2. The above-referenced civil action is hereby DISMISSED without prejudice to Petitioner’s duplicative habeas petition, filed in Case No. 1:18-cv-580; 3. The Clerk shall enter judgment accordingly, whereupon this case shall be TERMINATED on the docket of this Court; 4. Because reasonable jurists would not debate the Court’s ruling, the Court DENIES issuance of a certificate of appealability; and 5. Pursuant to 28 U.S.C. § 1915(a), the Court certifies that an appeal of this Order would not be taken in good faith and, therefore, this Court DENIES Plaintiff leave to appeal in forma pauperis. IT IS SO ORDERED. Date: 7/5/2022 s/Timothy S. Black Timothy S. Black United States District Judge 2
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