Eldridge v. Warden Chillicothe Correctional Institution

Filing 18

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS AND JUDGMENT it hereby is, adopted as the findings of fact and conclusions of law of this Court; that petitioners Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1), is denied with prejudice. Signed by Judge William O. Bertelsman on 06/29/2017. (bjc)(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 CIVIL ACTION NO. 1:16-cv-40 (WOB-JGW) PETER D. ELDRIDGE VS. PETITIONER JUDGMENT WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION RESPONDENT This matter is before the Court on the Report and Recommendation of the United States Magistrate Judge (Doc. 14), and having considered de novo those objections filed thereto by Petitioner (Doc. 17), and the Court being sufficiently advised, IT IS ORDERED that the objections (Doc. 17) to the Report and Recommendation (Doc. 14) be, and hereby are, overruled. That the Report and Recommendation of the Magistrate Judge (Doc. 14) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that petitioner’s Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1), is denied with prejudice. A certificate of appealability shall not issue with respect to the claims alleged in the petition. Pursuant to 28 U.S.C. § 1915(a)(3), any application by petitioner to proceed on appeal in forma pauperis would be not be taken in “good faith.” This 29th day of June, 2017.

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