Chapman v. Warden Lebanon Correctional Institution

Filing 24

ORDER signed by Judge William O. Bertelsman ADOPTING 16 Report and Recommendations and 20 Supplemental Report and Recommendations. IT IS ORDERED that the objections of petitioner to the Report and Recommendation and Supplemental Report and Reco mmendation be, and they hereby are overruled; that the Report and Recommendation as well as the Supplemental Report and Recommendation be, and they hereby are, adopted as the findings of fact and conclusions of law of this Court; that the petition fo r writ of habeas corpus be dismissed with prejudice; that no Certificate of Appealability shall be issued herein; that with respect to any application by petitioner to proceed on appeal in forma pauperis the Court certifies that any appeal would not be taken in good faith, pursuant to 28 U.S.C. Section 1915(a)(3). (eh1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CIVIL ACTION NO. 1:11cv0560 (WOB-MRM)
MAURICE CHAPMAN, SR.
VS.

PETITIONER
ORDER

WARDEN, Lebanon Correctional
Institution

RESPONDENT

This matter is before the Court on the Magistrate Judge’s
Report and Recommendation (Doc. #16), objections thereto by
petitioner (Doc. #16), supplemental Report and Recommendation of
the Magistrate Judge (Doc. #20), and further objections thereto
by petitioner (Doc. #23), and the Court being sufficiently
advised,
IT IS ORDERED that the objections of petitioner to the
Report and Recommendation and Supplemental Report and
Recommendation be, and they hereby are overruled; that the
Report and Recommendation as well as the Supplemental Report and
Recommendation be, and they hereby are, adopted as the findings
of fact and conclusions of law of this Court; that the petition
for writ of habeas corpus be dismissed with prejudice; that no
Certificate of Appealability shall be issued herein; that with
respect to any application by petitioner to proceed on appeal in
forma pauperis the Court certifies that any appeal would not be

taken in “good faith,” pursuant to 28 U.S.C. Section 1915(a)(3).
A separate Judgment shall enter concurrently herewith.
This 17th day of September, 2012.