Baldwin v. Warden Madison Correctional Institution

Filing 24

ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATION; petition for writ of habeas corpus is DISMISSED with prejudice. Reasonable jurists will not disagee with the conclusion and it is ORDERED that petitioner is DENIED a certificate of appealability. It is further ORDERED that the Court certifies to the Sixth Cirucit that an appeal of this Order will not be taken in good faith and therefore petitioner may not proceed IFP. (vp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Kenneth Baldwin,
Petitioner(s),
vs.
Warden, Madison Correctional Institution,
Respondent(s).

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Case Number: 1:11cv15
Chief Judge Susan J. Dlott

ORDER
This matter is before the Court pursuant to the Order of General Reference in the United States
District Court for the Southern District of Ohio Western Division to United States Magistrate Judge
Michael R. Merz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed
with this Court on January 3, 2012 a Report and Recommendation (Doc. 18). Subsequently, the
petitioner filed objections to such Report and Recommendation (Doc. 21).
The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de
novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that
such Recommendation should be adopted.
Accordingly, the Petition for Writ of Habeas Corpus (Doc. 4) is DISMISSED with prejudice.
Since reasonable jurists will not disagree with the conclusion, it is ORDERED that petitioner is
DENIED a certificate of appealability. It is further ORDERED that the Court certifies to the Sixth
Circuit that an appeal of this Order will not be taken in good faith and therefore petitioner may not
proceed in forma pauperis.
IT IS SO ORDERED.

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