Harper v. Warden Belmont Correctional Institution

Filing 18

ORDER denying 8 Motion ; adopting Report and Recommendations re 13 Report and Recommendations.. Signed by Judge Gregory L. Frost on 12/18/14. (kn)(This document has been sent by the Clerks Office 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
EASTERN DIVISION

HENRY N. HARPER,
CASE NO. 2:14-CV-01220
JUDGE GREGORY L. FROST
MAGISTRATE JUDGE KEMP

Petitioner,
v.
WARDEN, BELMONT
CORRECTIONAL INSTITUTION,
Respondent.

OPINION AND ORDER
On November 26, 2014, the Magistrate Judge issued a Report and Recommendation
recommending that Petitioner’s Motion for Release, ECF 8, be denied. Petitioner has filed an
Objection to the Magistrate Judge’s Report and Recommendation. ECF 16. Pursuant to 28
U.S.C. § 636(b), this Court has conducted a de novo review.
Petitioner objects to the denial of his motion for release. In support of this Objection,
Petitioner again raises all of the same arguments that he previously presented. He contends that
the state appellate court made erroneous factual findings and that he is the victim of a manifest
miscarriage of justice. He refers to an affidavit from alleged victim Lisa Harper denying the
criminal acts charged and to portions of the trial transcript.
For the reasons indicated in the Magistrate Judge’s Report and Recommendation, this
Court agrees, the record fails to reflect exceptional circumstances deserving of special treatment.
Dotson v. Clark, 900 F.2d 77, 79 (6th Cir. 1990)(citation omitted).

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Petitioner’s Objection, ECF 16, is OVERRULED. The Report and Recommendation is
ADOPTED and AFFIRMED. Petitioner’s Motion for Release, ECF 8, is DENIED.

/s/ Gregory L. Frost
GREGORY L. FROST
United States District Judge

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