Wiles v. Warden Marion Correctional Institution

Filing 10

ORDER adopting Report and Recommendation re 9 Report and Recommendation granting 7 Motion to Dismiss. Signed by Judge Michael R. Barrett on 7/21/15. (ba)(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
David Wiles,
Petitioner,
v.

Case No. 1:14cv685

Warden, Marion Correctional Institution,

Judge Michael R. Barrett

Respondent.

ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on June 11, 2015 (Doc. 9).
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. United States v. Walters, 638 F.2d 947 (6th Cir.
1981). No objections to the Magistrate Judge=s Report and Recommendation have been
filed.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 9) of the
Magistrate Judge is hereby ADOPTED. Respondent’s Motion to Dismiss (Doc. 7) is
GRANTED. The Petition (Doc. 1) is dismissed with prejudice consistent with the
recommendation by the magistrate judge.
Accordingly, a certificate of appealability should not issue with respect to petitioner=s
claims for relief under the applicable two-part standard enunciated in Slack v. McDaniel, 529
U.S. 473, 484-85 (2000). With respect to any application by petitioner to proceed on appeal
in forma pauperis, the Court certifies pursuant to 28 U.S.C. ' 1915(a)(3) that an appeal of
any Order adopting this Report and Recommendation would not be taken in Agood faith,@ and

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therefore DENIES petitioner leave to appeal in forma pauperis upon a showing of financial
necessity. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir.
1997).
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge

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