Opinion
Case No. 3:11-cv-441
06-28-2013
JOSEPH A. GOLDICK, Petitioner, v. JACOB J. LEW, Respondent.
Judge Timothy S. Black
Magistrate Judge Sharon L. Ovington
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
(Doc. 7); (2) DISMISSING THE PETITION (Doc. 1); AND (3) TERMINATING
THIS CASE FROM THE DOCKET.
This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Sharon L. Ovington. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court, and, on May 30, 2013 submitted Report and Recommendations. (Doc. 7). Defendant did not file objections.
As required by 29 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendations should be and is hereby adopted in its entirety. Accordingly:
1. The Report and Recommendations (Doc. 7) is ADOPTED;
2. The Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and DISMISSED;
3. The Court certifies that under 28 U.S.C. § 1915(a)(3) any appeal is not taken in good faith and Petitioner is DENIED a certificate of appealability under 28 U.S.C. § 2253(c); and
4. This case is CLOSED on the docket of this Court.
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge