Payton v. Hauk

Filing 19

Order and Decision Adopting the Report and Recommendation of the Magistrate Judge (Doc. # 16 ). The petition is denied. 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 12/1/14. (K,C)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

JEFFERY L. PAYTON.,
Petitioner,

KIMBERLY CLIPPER,
Respondent.

)
)
)
)
)
)
)
)
)
)

CASE NO.: 3:12CV476
JUDGE JOHN ADAMS

ORDER AND DECISION

The Court has examined the Report and Recommended Decision of the Magistrate Judge
submitted in this matter on June 19, 2014. Doc. 16. 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 DENIED.
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.

December 1, 2014

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