Clements v. Warden London Correctional Institution

Filing 11

ORDER adopting Report and Recommendation re 10 ; denying petitioner's 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 6/18/12. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Bill D. Clements,
Petitioner
v.

Case No. 1:11-cv-442

Deb Timmerman-Cooper, Warden,
Respondent

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed May 25, 2012 (Doc. 10).
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 DISMISSED with prejudice.
A certificate of appealability will not issue with respect to any of the claims
alleged because petitioner has not made a substantial showing that he has stated
“viable claim[s] of the denial of a constitutional right” or that the issues presented are
“adequate to deserve encouragement to proceed further.” See Slack, 529 U.S. at 475
(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: June 18, 2012

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

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