Fite v. Warden, Ross Correctional Institution

Filing 21

DECISON AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (DOC. 20 ) AND TERMINATING THIS CASE IN THIS COURT. Signed by Judge Timothy S. Black on 1/8/18. (jlm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
DONOVAN FITE,
Petitioner,
vs.

Case No. 1:12-cv-877
Judge Timothy S. Black
Magistrate Judge Michael R. Merz

WARDEN, ROSS CORRECTIONAL
INSTITUTION,
Respondent.
DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 20)
AND TERMINATING THIS CASE IN THIS COURT
This case is before the Court pursuant to the Order of General Reference in the
United States District Court for the Southern District of Ohio Western Division to United
States Magistrate Judge Michael R. Merz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on December 11, 2017, submitted
a Report and Recommendation. (Doc. 20). No objections were filed.
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 Court does
determine that such Report and Recommendation should be and is hereby adopted in its
entirety.
Accordingly:
1. The Report and Recommendation (Doc. 20) is ADOPTED in its entirety;

2. The Petition (Doc. 3) is DISMISSED WITH PREJUDICE;
3. A certificate of appealability is DENIED;
4. Pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this order would not be taken
in good faith; and
5. The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.
IT IS SO ORDERED.
____________________
_
______________________
Timothy S. Black
Timothy S.
h
United States District Judge

Date: ___________
1/8/18

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