Tate v. Goodrich

Filing 9

Order. Report and Recommendation 8 of the Magistrate Judge adopted as order of court; Clerk shall enter a dismissal accordingly. An appeal from this order could not be taken in good faith, and reasonable jurists could not reasonably disagree with this order; accordingly, no certificate of appeal shall issue, and no appeal shall be taken without prepayment of the requisite filing fee. The Clerk shall issue an order accordingly. Judge James G. Carr on 2/24/2014. (G,D)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

Ronald E. Tate,

Case No. 1:12CV2332

Petitioner
v.

ORDER

Barry Goodrich,
Respondent
This is a habeas corpus case under 28 U.S.C. § 2254. Following reference to a United States
Magistrate Judge for a Report and Recommendation, the Magistrate Judge has submitted a Report
and Recommendation recommending denial of the petition.
The petitioner has not filed a timely objection, though being notified of his need to do so.
On de novo review of the Report and Recommendation, I find that the Magistrate Judge’s
recommendation of dismissal is well-taken.
It is, therefore,
ORDERED THAT:
1.

The Report and Recommendation of the Magistrate Judge be, and the same hereby
is adopted as the order of this court; the Clerk shall enter a dismissal accordingly;
and

2.

An appeal from this order could not be taken in good faith, and reasonable jurists
could not reasonably disagree with this order; accordingly, no certificate of appeal

shall issue, and no appeal shall be taken without prepayment of the requisite filing
fee.
The Clerk shall issue an order accordingly.
So ordered.
/s/ James G.Carr
Sr. U.S. District Judge