Sexton v. Warden Marion Correctional Institution

Filing 17

ORDER adopting Report and Recommendation 16 ; dismissing the petition with prejudice; A certificate of appealability will not issue; Petitioner is denied leave to appeal IFP. Signed by Judge Sandra S Beckwith on 7/30/15. (mb)(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

Johnathan Sexton,
Petitioner
v.

Case No. 1:14-cv-445

Jason Bunting, Warden,
Respondent

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed July 6, 2015 (Doc. 16).
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 with respect to petitioner’s claims for
relief, because under the first prong of the applicable two-part standard enunciated in
Slack v. McDaniel, 529 U.S. 473, 484-85 (2000), “jurists of reason would not find it
debatable as to whether this Court is correct in its procedural rulings.”
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: July 30, 2015

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

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