Sheppard v. Warden Chillicothe Correctional Institution

Filing 121

DECISION AND ENTRY adopting Report and Recommendations re 120 . Signed by Judge Timothy S. Black on 2/13/2024. (rrs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
BOBBY T. SHEPPARD,
Petitioner,
vs.
WARDEN, CHILLICOTHE
CORRECTIONAL INSTITUTION
Respondent.

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Case No. 1:12-cv-198
Judge Timothy S. Black
Magistrate Judge Michael R. Merz

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 120)
This case is before the Court pursuant to the Order of General Reference to United
States Magistrate Judge Michael R. Merz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on January 11, 2024, submitted a
Report and Recommendation (Doc. 120).
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has
reviewed the comprehensive findings of the Magistrate Judge and considered de novo all
of the filings in this matter.
Upon consideration of the foregoing, the fact that no objections have been filed,
and the time for doing so has expired, the Court finds that the Report and
Recommendation should be and is hereby adopted in its entirety.

Accordingly:
1)

Petitioner’s petition is DISMISSED without prejudice to any claims
Petitioner may have with respect to the replacement judgment;

2)

The 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 plaintiff
leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d
601 (6th Cir. 1997); and

3)

The Clerk shall enter judgment accordingly and terminate the case.

IT IS SO ORDERED.
Date:

s/Timothy S. Black
Timothy S. Black
United States District Judge

2/13/2024

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