Opinion
Case No. 1:14-cv-786
04-27-2016
Raymond Beck, Petitioner v. Warden, Chillicothe Correctional Institution, Respondent
ORDER
This matter is before the Court on the Magistrate Judge's Report and Recommendation filed April 4, 2016 (Doc. 13).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections to the Magistrate Judge's Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the Magistrate Judge's Report and Recommendation correct.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Petitioner's petition for writ of habeas corpus is DENIED with prejudice.
A certificate of appealability will not issue with respect to the claims alleged in the petition, because petitioner has not stated a "viable claim of the denial of a constitutional right," nor are the issues presented "adequate to deserve encouragement to proceed further." See Slack, 529 U.S. at 473, 475 (2000) (citing Barefoot v. Estelle, 463 U.S. 880, 893 & n.4 (1983)); see also 28 U.S.C. § 2253(c); Fed .R. App. P. 22(b).
A certificate of appealability also will not issue with respect to the claims alleged in the petition, which are barred from review on procedural waiver grounds.
This Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) an appeal of this Order would not be taken in good faith, and therefore DENIES petitioner leave to appeal in forma pauperis. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997). Date: April 27, 2016
s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court