Ivey v. Warden, Hocking Correctional Facility
Filing
33
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 32 ). Signed by Judge Timothy S. Black on 10/7/2015. (mr)(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
STANLEY K. IVEY,
Petitioner,
vs.
WARDEN, HOCKING
CORRECTIONAL FACILITY,
Respondent.
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Case No. 1:13-cv-914
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 32)
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 September 8, 2015, submitted
a Report and Recommendations. (Doc. 32). Neither party filed objections.
As required by 29 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, for the foregoing reasons:
1.
Petitioner’s petition for a writ of habeas corpus (Doc. 1) is DISMISSED
WITH PREJUDICE;
2.
Because reasonable jurists would not disagree with this conclusion,
Petitioner is DENIED a certificate of appealability;
3.
The Court certifies that an appeal of this Order would be objectively
frivolous, and therefore Petitioner will not be permitted to proceed in forma
pauperis; and
4.
The Clerk shall enter judgment accordingly, whereupon this civil action is
TERMINATED in this Court.
IT IS SO ORDERED.
Date: 10/7/2015
_/s/Timothy S. Black__________
Timothy S. Black
United States District Judge
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