Harris v. Warden Madison Correctional Institution

Filing 21

ORDER ADOPTING 19 Report and Recommendations granting 18 Motion to Dismiss; the case is administratively stayed. Signed by Judge Michael R. Barrett on 5/25/12. (Attachments: # 1 Certified Mail Receipt) (ba1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Jarvis Lee Harris,
Petitioner,
v.

Case No. 1:11cv414

Warden, Madison Correctional
Institution,

Judge Michael R. Barrett

Respondent.

ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on April 30, 2012 (Doc. 19).
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. United States v. Walters, 638 F.2d
947 (6th Cir. 1981). No objections to the Magistrate Judge’s Report and Recommendation
have been filed.
Accordingly, it is ORDERED that the Report and Recommendation (19) of the
Magistrate Judge is hereby ADOPTED. Respondent’s Motion to Dismiss (Doc. 18) is
GRANTED; the Petitioner’s writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 15)
is administratively STAYED and TERMINATED on this Court’s active docket. Upon good
showing by Petitioner that he has complied with the terms and conditions consistent with
the Report and Recommendation (Doc. 19) by the Magistrate Judge, he will be granted
leave of Court to reinstate his case on this Court’s active docket.
A certificate of appealability should not issue under the standard set forth in Slack v.
McDaniel, 529 U.S. 473, 484-85 (2000). With respect to any application by petitioner to

proceed on appeal in forma pauperis, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3)
that an appeal of any Order adopting this Report and Recommendation would not be taken
in “good faith,” and therefore DENIES petitioner leave to appeal in forma pauperis upon a
showing of financial necessity. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d
949, 952 (6th Cir. 1997).
IT IS SO ORDERED.
S/Michael R. Barrett
Michael R. Barrett
United States District Judge

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