Peyatt v. Warden, Belmont Correctional Institution

Filing 14

ORDER adopting Report and Recommendations re 13 Report and Recommendations.. Signed by Judge James L. Graham on 8/2/22. (ds)(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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Case: 2:21-cv-05141-JLG-MRM Doc #: 14 Filed: 08/02/22 Page: 1 of 1 PAGEID #: 975 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION AT COLUMBUS WILLIAM DANIEL PEYATT, Petitioner, : - vs - Case No. 2:21-cv-5141 District Judge James L. Graham Magistrate Judge Michael R. Merz WARDEN, Belmont Correctional Institution, : Respondent. ORDER ADOPTING REPORT AND RECOMMENDATIONS The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (ECF No. 13), to whom this case was referred pursuant to 28 U.S.C. ยง 636(b), and noting that no objections have been filed thereto and time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendation. Accordingly, it is hereby ORDERED that the Petition be DISMISSED with prejudice. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Pursuant to Fed.R.Civ.P. 58, the Clerk shall enter judgment to this effect. August 2, 2022. s/ James L. Graham James L. Graham United States District Judge

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