Patrick v. Warden Ohio State Penitentiary

Filing 21

ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS. IT IS ORDERED that the objections to the Report and Recommendation be, and they hereby are, denied; that the Report and Recommendation be, and it hereby is, adopted as the findings of fact and conclu sions of law of this Court; that the petition for writ of habeas corpus be, and it hereby is, denied; that this matter be dismissed, with prejudice, and stricken from the docket of this court. A separate Judgment shall enter concurrently herewith. Signed by Judge William O. Bertelsman on 5/17/2012. (jlw)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CIVIL ACTION NO. 1:11cv0067 (WOB-MRM)
DAVID PATRICK
VS.

PETITIONER
ORDER

WARDEN, Ohio State Penitentiary

RESPONDENT

This matter is before the Court on the Report and
Recommendation (Doc. #18) of the Magistrate Judge, and having
considered de novo those objections filed thereto by petitioner,
and the Court being sufficiently advised,
IT IS ORDERED that the objections to the Report and
Recommendation be, and they hereby are, denied; that the Report
and Recommendation be, and it hereby is, adopted as the findings
of fact and conclusions of law of this Court; that the petition
for writ of habeas corpus be, and it hereby is, denied; that
this matter be dismissed, with prejudice, and stricken from the
docket of this court.

A separate Judgment shall enter

concurrently herewith.
IT IS FURTHER ORDERED that, in light of the reasons stated
in the Report and Recommendation of the Magistrate Judge, there
would be no arguable merit for an appeal in this matter and,
therefore, an appeal would not be taken in “good faith” within
the meaning of Section 1915(a), and no Certificate of

Appealability shall issue herein and petitioner should therefore
not be permitted to proceed in forma pauperis.
This 17th day of May, 2012.

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