Backie v. Ernie Moore

Filing 16

Order and Decision Adopting the Report and Recommendation (Doc. # 14 ) of the Magistrate Judge. The petition 4 for Writ of Habeas Corpus (2254) is dismissed with prejudice. An appeal from this decision may not be taken in good faith and there is no basis upon which to issue a certificate of appealability. Judge John R. Adams on 5/5/15. (K,C) Modified signed on date on 5/7/2015 (K,C).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

TRAVONCE RASHAWN BACKIE,
Petitioner,
vs.
ERNIE MOORE, Warden,
Respondent.

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CASE NO.: 1:13-cv-00507
JUDGE JOHN ADAMS

ORDER AND DECISION

The Court has examined the Report and Recommended Decision of Magistrate Judge
Burke, submitted in this matter on April 1, 2015. Doc. 14. Upon due consideration, and no
objections having been filed by the parties, the Court adopts the Report and recommended findings
and conclusions of the Magistrate Judge and incorporates them herein. Therefore, it is ordered
that petition is hereby DISMISSED in its entirety with prejudice.
Pursuant to 28 U.S.C § 1915(a)(3), the Court certifies that Petitioner may not take an
appeal from the Court’s decision in good faith, and that there is no basis upon which to issue a
certificate of appealability.

28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).

IT IS SO ORDERED.

May 5, 2015

/s/ John R. Adams
JUDGE JOHN R. ADAMS
UNITED STATES DISTRICT JUDGE