Murphy v. Attorney General of Ohio et al

Filing 22

ORDER adopting Report and Recommendation re 21 ; denying the 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 7/11/12. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Wayne Murphy,
Petitioner
v.

Case No. 1:11-cv-581

Michael Dewine,
Attorney General of Ohio,
Respondent

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed June 19, 2012 (Doc. 21).
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 DENIED with prejudice.
A certificate of appealability will not issue because jurists of reason would not
find it debatable whether this Court is correct in concluding that the petition for
habeas relief should not be denied. See Slack v. McDaniel, 529 U.S. 473, 484-85
(2000).
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: July 11, 2012

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

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