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.)

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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 2

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