Bates et al v. Dewine et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Motion for Miscellaneous Relief, filed by Beverly Croy, Misty C. Brickles, Family and Kind of Clayton M. Bates, R. Lotus Justice, Rachel N. Parks, Clayton M. Bates, 13 Motion to Compel filed by R. Lotus Justice, 9 Report and Recommendations,,,, 16 Motion to Compel filed by Rachel N. Parks, 2 Motion for Miscellaneous Relief, filed by Donnie Barrerra, Beverly Croy, Misty C. Brickles, Family and Kind of Clayton M. Bates, R. Lotus Justice, Rachel N. Parks, Clayton M. Bates. Signed by Judge Susan J. Dlott on 1/30/2017. (jlw)(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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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Clayton M. Bates, et al., Petitioner(s), vs. Richard M. DeWine, et al., Respondent(s). : : : : : : : : : Case Number: 1:16cv975 Judge Susan J. Dlott ORDER This matter 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 Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on October 31, 2016 a Report and Recommendation (Doc. 9). Subsequently, the petitioner filed objections to such Report and Recommendation (Doc. 12). 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 Recommendation should be adopted. Accordingly, the petitioners’ petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 (Doc. 1) is DISMISSED with prejudice on the ground that the Court lacks jurisdiction to consider it and petitioners’ related motions (Docs. 2 and 3) are DENIED. A certificate of appealability will not issue because petitioners have not stated a “viable claim of the denial of a constitutional right,” nor are the issues presented “adequate to deserve encouragement to proceed further.” See Slack v. McDaniel, 529 U.S. 473, 475 (2000) (citing Barefoot v. Estelle, 463 U.S. 880, 893 & n.4 (1983)); see also 28 U.S.C. § 2253 © ); Fed. R. App. P. 22(b). The Court certifies pursuant to 28 U.S.C. §1915(a)(3) that an appeal of any Order adopting the Report and Recommendation will not be taken in “good faith,” and, therefore, petitioners are DENIED 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/Susan J. Dlott___________ Judge Susan J. Dlott United States District Court

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