Davenport v. Warden, Warren Correctional Institution

Filing 13

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 12 ). Signed by Judge Timothy S. Black on 1/4/2017. (mr)(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
ROBERT DAVENPORT,

:
:
Petitioner,
:
:
vs.
:
:
WARDEN, WARREN CORRECTIONAL :
INSTITUTION,
:
:
Respondent.
:

Case No. 1:16-cv-493
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 12)
This case is before the Court pursuant to the Order of General Reference in the
United States District Court for the Southern District of Ohio Western Division to United
States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on November 29, 2016, submitted
a Report and Recommendations. (Doc. 12). No objections were filed.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has
reviewed the comprehensive findings of the Magistrate Judge and considered de novo all
of the filings in this matter. Upon consideration of the foregoing, the Court does
determine that such Report and Recommendations should be and is hereby adopted in its
entirety.
Accordingly:
1. Respondent’s motion to dismiss (Doc. 9) is GRANTED and the Petition (Doc.
3) is DISMISSED WITH PREJUDICE;

2. A certificate of appealability shall not issue; and
3. An appeal of this Order would not be taken in good faith and therefore
Petitioner is DENIED leave to appeal in forma pauperis.
IT IS SO ORDERED.
1/4/2017
Date: _______________

_______________________
Timothy S. Black
United States District Judge

2