Tassone v. D'Varga et al

Filing 10

ORDER adopting Report and Recommendations re 9 Report and Recommendations. Signed by Judge James L. Graham on 10/24/24. (ds)(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
EASTERN DIVISION
Matthew Tassone,
Petitioner,

Case No. 2:24-cv-2123
Judge James L. Graham
Magistrate Judge Chelsey M. Vascura

v.
Judge James E. Green,
Respondent.
Order

This matter is before the Court on the Magistrate Judge’s Report and Recommendation,
which recommended that Petitioner’s habeas corpus petition brought under 28 U.S.C. § 2241 be
dismissed without prejudice for failure to exhaust available state-court remedies. No objections to
the Report and Recommendation have been filed. Upon review, the Court agrees with the Report
and Recommendation (Doc. 9), which is hereby adopted. Petitioner’s habeas corpus petition (doc.
2) is DISMISSED WITHOUT PREJUDICE.
Further, the Magistrate Judge recommended that the case caption be updated to reflect that
Franklin County Municipal Court Judge James E. Green (and not Judge Jessica G. D’Varga) is the
correct respondent in this action. The Court adopts that recommendation as well.
The Court further finds that a certificate of appealability should not issue because, for the
reasons stated in the Report and Recommendation, Petitioner has not made a substantial showing of
the denial of a constitutional right that is remediable at this juncture in this proceeding. See 28
U.S.C. § 2253(c); Fed. R. App. P. 22(b).
Finally, the Court certifies pursuant to 28 U.S.C. §1915(a)(3) that an appeal of this order
would not be taken in good faith for the reasons stated in the Report and Recommendation.
Therefore, the Court declines denies Petitioner leave to proceed on appeal in forma pauperis. See Fed.
R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997).
DATE: October 24, 2024

s/ James L. Graham
JAMES L. GRAHAM
United States District Judge