Abdel-Bachir v. U.S. Attorney General et al
ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS: Accordingly, petitioners petition for a writ of habeas corpus pursuant to 28 U.S.C.§2241 is DISMISSED with prejudice. Signed by Judge Susan J. Dlott on 3/12/2018. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
U.S. Attorney General, et al.,
Case Number: 1:17cv642
Judge Susan J. Dlott
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 24, 2017 a Report and
Recommendation (Doc. 5). Subsequently, the petitioner filed objections to such Report and
Recommendation (Doc. 6).
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, petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C.
§2241 is DISMISSED with prejudice.
A certificate of appealability will not issue with respect to any Order adopting the Report
and Recommendation to dismiss the instant habeas corpus petition on the procedural ground of
duplicativeness. Under the first prong of the applicable two-part standard enunciated in Slack v.
McDaniel, 529 U.S. 473, 484-85 (2000), “jurists of reason” will not find it debatable whether the
Court is correct in its procedural ruling.
With respect to any application by petitioner to proceed in forma pauperis, the Court will
certify 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,”, therefor petitioner is 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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