Ryan v. Warden, Warren Correctional Institution

Filing 10

ORDER adopting Report and Recommendation 9 ; dismissing with prejudice 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 11/4/13. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Brandon Ryan,
Petitioner
v.

Case No. 1:12-cv-509

Warden, Warren
Correctional Institution,
Respondent

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed October 7, 2013 (Doc. 9).
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. 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: November 4, 2013

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