Boyd v. Hill

Filing 13

Memorandum Opinion and Order. The Magistrate's 12 Report and Recommendation fully and correctly addresses all of the arguments raised by the parties, and properly and justly analyzes the applicable law. This Court, therefore, adopts the Magistrate's Report in its entirety. Further, for the reasons stated in the Magistrate Judge's Report and Recommendation, a reasonable jurist could not conclude that dismissal or denial of the Petition is in error or that Petitioner should be permitted to proceed further. Accordingly, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and 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. Judge Donald C. Nugent on 6/4/2024. (M,S)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

CARDELL BOYD,

CASE NO. 1:21 CV 1935

Plaintiff,

JUDGE DONALD C. NUGENT
MEMORANDUM OPINION

V.

GEORGE A. FREDRICK,
Warden,

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AND ORDER

Defendant.

This matter comes before the Court upon the Report and Recommendation of Magistrate
Judge Jennifer Dowdell Armstrong. The Report and Recommendation (ECF # 12), issued on

April 14,2024, is hereby ADOPTED by this Court. Petitioner filed this action requesting a writ
of habeas corpus pursuant to 28 U.S.C. §2254, challenging the constitutionality of the sentences
imposed following his plea of guilty to two counts of felonious assault and single counts of

domestic violence, abduction, attempted aggravated arson, and aggravated menacing.
Magistrate Judge Armstrong recommends that the Petition be dismissed and/or denied

and that a certificate of appealability be denied. The Petitioner did not file any objections to the
Report and Recommendation, nonetheless, the Court has reviewed de novo the Report and
Recommendation, see Ohio Citizen Action v. City ofSeven Hills, 35 F. Supp. 2d 575, 577 (N.D.
Ohio 1999). The Magistrate's Report and Recommendation fully and correctly addresses all of

George A. Fredrick is now Warden of Marion Correctional Institute where Petitioner is

incarcerated. Accordingly, Mr. Fredrick is substituted as the proper Respondent in this
case. See 28 U.S.C. § 2243; Fed. R. Civ. P. 25(d).

the arguments raised by the parties, and properly and justly analyzes the applicable law. This
Court, therefore, adopts the Magistrate's Report in its entirety. Further, for the reasons stated in
the Magistrate Judge's Report and Recommendation, a reasonable jurist could not conclude that
dismissal or denial of the Petition is in error or that Petitioner should be permitted to proceed
further. Accordingly, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from
this decision could not be taken in good faith, and 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.

DONALD C. NUGENT Q

United States District Judge
DATED:

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