Cooper v. Warden Lebanon Correctional Institution

Filing 16

ENTRY AND ORDER OVERRULING COOPERS OBJECTIONS (Doc. 15 ) TO THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS (Doc. 12 ) IN ITS ENTIRETY; DENYING COOPERS MOTION TO CONDUCT DISCOVERY; DENYING COOPERS PETITION FOR A WRIT OF HABEAS CORPUS WITHOUT PREJUDICE; DENYING COOPER LEAVE TO APPEAL IN FORMA PAUPERIS; DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY AND TERMINATING THIS CASE. Signed by Judge Thomas M Rose on 02/11/2013. (kf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DONALD COOPER
Case No. C-3:12-cv-059
Petitioner,
Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

-vWARDEN, Lebanon Correctional
Institution

Respondent.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING COOPER’S OBJECTIONS (Doc.
#15) TO THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATIONS (Doc. #12) IN ITS ENTIRETY;
DENYING COOPER’S MOTION TO CONDUCT DISCOVERY;
DENYING COOPER’S PETITION FOR A WRIT OF HABEAS CORPUS
WITHOUT PREJUDICE; DENYING COOPER LEAVE TO APPEAL IN
FORMA PAUPERIS; DENYING ANY REQUESTED CERTIFICATE OF
APPEALABILITY AND TERMINATING THIS CASE
______________________________________________________________________________
This matter comes before the Court pursuant to pro se Petitioner Donald Cooper’s
(“Cooper’s”) Objections (doc. #15) to Magistrate Judge Sharon L. Ovington’s Report and
Recommendations (doc. #12). Upon review, the Magistrate Judge recommends that Cooper’s
Motion to conduct discovery be denied, Cooper’s Petition for a Writ of Habeas Corpus be denied
and dismissed, that Cooper be denied leave to appeal in forma pauperis and that Cooper be
denied a Certificate of Appealability.
The time has run and the Warden has not filed a response to Cooper’s Objections.
Cooper’s Objections are, therefore, ripe for decision.
As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the
District Judge has made a de novo review of the record in this case. Upon said review, the Court

finds that Cooper’s Objections to the Magistrate Judge’s Report and Recommendations are not
well-taken, and they are hereby OVERRULED. The Magistrate Judge’s Report and
Recommendations is adopted in its entirety.
Cooper’s Motion for Leave of Court to Conduct Rule 6 Discovery (doc. #8) is denied.
Also, Cooper’s Petition for a Writ of Habeas Corpus (doc. #2) is denied and dismissed. In
addition, Cooper is denied leave to appeal in forma pauperis and is denied a Certificate of
Appealability. Finally, the captioned cause is hereby ordered terminated upon the docket records
of the United States District Court for the Southern District of Ohio, Western Division, at
Dayton.
DONE and ORDERED in Dayton, Ohio, this Eleventh Day of February, 2013.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATED DISTRICT JUDGE
Copies furnished to:
Counsel of Record
Donald Cooper at his last address of record

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