Brooks v. Warden Southern Ohio Correctional Facility

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Petitioner's 6 petition for writ of habeas corpus is DISMISSED with prejudice. A certificate of appealability will not issue. The Court will certify that an appeal of any Order adopting theReport an d Recommendation will not be taken in "good faith," and therefore DENIES petitioner leave to appeal in forma pauperis upon any showing of financial necessity. Signed by Chief Judge Susan J. Dlott on 1/5/12.(mtw) (Additional attachment(s) added on 1/5/2012: # 1 Certified Mail Receipt) (mtw).

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

Ulious Brooks,
Petitioner(s),
vs.
Warden, Southern Ohio Correctional Facility,
Respondent(s).

:
:
:
:
:
:
:
:
:

Case Number: 1:10cv953
Chief Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate
Judge Stephanie K. Bowman filed on December 8, 2011 (Doc. 17), to whom this case was
referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and
that the time for filing such objections under Fed. R. Civ. P. 72(b) expired December 27, 2011,
hereby ADOPTS said Report and Recommendation.
Accordingly, petitioner’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254
(Doc. 6) is DISMISSED with prejudice.
A certificate of appealability will not issue in this case because under the applicable twopart standard enunciated in Slack v. McDaniel, 529 U.S. 473, 484-85 (2000), which governs
grounds for relief that are denied on procedural grounds, “jurists of reason” will not find it
debatable (1) whether the Court is correct in its procedural ruling that petitioner wavied his
claims of error by entering a guilty plea, or (2) whether petitioner has stated a viable
constitutional claim. See also 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).
With respect to any application by petitioner to proceed on appeal in forma pauperis, the
Court will certify pursuant to 28 U.S.C. 1915(a)(3) that an appeal of any Order adopting the

Report and Recommendation will not be taken in “good faith,” and therefore DENIES petitioner
leave to appeal in forma pauperis upon any showing of financial necessity. See Fed. R. App. P.
24(a); Kincade v. Sparkman, 117F.3d, 949, 952 (6th Circ. 1997).
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Chief Judge Susan J. Dlott
United States District Court