Bryant v. Warden, Chillicothe Correctional Institution

Filing 21

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 18 ). Respondent's motion to dismiss (Doc. 10 ) is GRANTED and Petitioner's petition for writ of habeas corpus (Doc. 1 ) is DISMISSED with prejudice. Signed by Judge Timothy S. Black on 3/30/2015. (mr1)(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
DERRICK BRYANT,
Petitioner,
vs.
Warden, CHILLICOTHE
CORRECTIONAL INSTITUTION,
Respondent.

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Case No. 1:13-cv-803
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY ADOPTING THE REPORT AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
(Doc. 18)
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 Karen L. Litkovitz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on February 9, 2015, submitted a
Report and Recommendations. (Doc. 18). The Petitioner timely filed objections. (Doc.
20). 1
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 Recommendations should be and is hereby adopted in its
entirety. Accordingly:
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The Petitioner’s objections simply reiterate the arguments set forth in his memorandum contra to the
motion to dismiss. (See Doc. 13). These arguments were fully addressed in the Magistrate Judge’s
Report and Recommendations. (See Doc. 18).

1.

The Report and Recommendations (Doc. 18) is ADOPTED;

2.

Respondent’s motion to dismiss (Doc. 10) is GRANTED and Petitioner’s
petition for writ of habeas corpus (Doc. 1) is DISMISSED with prejudice;

3.

A certificate of appealability under 28 U.S.C. § 2253 is DENIED; and

4.

An application to proceed on appeal in forma pauperis under 28 U.S.C.
Section 1915(a)(3) is DENIED.

IT IS SO ORDERED.
Date: 3/30/2015

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

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