Robbins v. Warden, Chillicothe Correctional Institution

Filing 12

ORDER adopting Report and Recommendations re 11 Report and Recommendation dismissing the 5 Petition. Signed by Judge Michael R. Barrett on 4/19/16. (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 Robbins,
Petitioner,
v.

Case No. 1:15cv181

Warden, Chillicothe 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 March 9, 2016 (Doc. 11).
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. 11) of the
Magistrate Judge is hereby ADOPTED. The Petition for Writ of Habeas Corpus (Doc. 5) is
DISMISSED with prejudice.
A certificate of appealability should not issue consistent with the recommendation by
the Magistrate Judge on Grounds One through Six of the petition. 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 therefore DENIES petitioner leave

1

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).
Pursuant to 28 U.S.C. § 1915(a), any request for certificate of appealability or request
to appeal in forma pauperis would not be taken in good faith and would be denied.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge

2