Crossty v. Brunsman

Filing 8

ORDER adopting Report and Recommendation re 7 ; denying petition for writ of habeas corpus. A certificate of appealability will not issue. Petitioner is denied leave to appeal IFP. Signed by Judge Sandra S Beckwith on 4/11/11. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Julius Crossty,
Petitioner
v.

Case No. 1:10-cv-759

Warden, Lebanon Correctional
Institution,
Respondent

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed March 18, 2011 (Doc. 7).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C),
including notice that the parties would waive further appeal if they failed to file
objections to the Report and Recommendation in a timely manner. See United States
v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections
to the Magistrate Judge’s Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the
Magistrate Judge’s Report and Recommendation correct.
Accordingly, it is ORDERED that the Report and Recommendation of the
Magistrate Judge is hereby ADOPTED. Petitioner’s petition for writ of habeas
corpus is DENIED.
A certificate of appealability will not issue with respect to any claim alleged in
the petition because no claim for relief states a “viable claim of the denial of a
constitutional right” or presents issues that are “adequate to deserve encouragement
to proceed further.” See Slack v. McDaniel, 529 U.S. at 473, 484 (2000) (citing
Barefoot v. Estelle, 463 U.S. 880, 893 & n.4 (1983)); see also 28 U.S.C. § 2253(c);

Fed .R. App. P. 22(b).
This Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) an appeal of this
Order would not be taken in good faith, and therefore DENIES petitioner leave to
appeal in forma pauperis. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d
949, 952 (6th Cir. 1997).

Date: April 11, 2011

s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court

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