Opinion
1:22cv646
03-01-2023
Richard Fernbach, Petitioner, v. Hamilton County Sheriff of Ohio, et al., Respondents.
ORDER
Michael R. Barrett, Judge
This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on February 9, 2023 (Doc. 12).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties may forfeit rights on appeal if they failed to file objections to the R&R in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's R&R (Doc. 12) have been filed and the time to do so has expired.
Accordingly, it is ORDERED that the R&R (Doc. 12) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, Petitioner's pro se petition for a writ of habeas corpus is DISMISSED without prejudice to refiling after petitioner has exhausted all available state court remedies. In light of the above decision, the plaintiff's motion for default judgment (Doc. 8) is DENIED as moot.
A certificate of appealability will not be issued, for the foregoing reasons, 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).
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in “good faith” and therefore DENIES plaintiff leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
IT IS SO ORDERED.