Harper v. Warden, Belmont Corr. Inst.

Full title: HENRY N. HARPER, Petitioner, v. WARDEN, BELMONT CORRECTIONAL INSTITUTION…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Dec 18, 2014

CASE NO. 2:14-CV-01220 (S.D. Ohio Dec. 18, 2014)

Opinion

CASE NO. 2:14-CV-01220

12-18-2014

HENRY N. HARPER, Petitioner, v. WARDEN, BELMONT CORRECTIONAL INSTITUTION, Respondent.

JUDGE GREGORY L. FROST

MAGISTRATE JUDGE KEMP
OPINION AND ORDER

On November 26, 2014, the Magistrate Judge issued a Report and Recommendation recommending that Petitioner's Motion for Release, ECF 8, be denied. Petitioner has filed an Objection to the Magistrate Judge's Report and Recommendation. ECF 16. Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review.

Petitioner objects to the denial of his motion for release. In support of this Objection, Petitioner again raises all of the same arguments that he previously presented. He contends that the state appellate court made erroneous factual findings and that he is the victim of a manifest miscarriage of justice. He refers to an affidavit from alleged victim Lisa Harper denying the criminal acts charged and to portions of the trial transcript.

For the reasons indicated in the Magistrate Judge's Report and Recommendation, this Court agrees, the record fails to reflect exceptional circumstances deserving of special treatment. Dotson v. Clark, 900 F.2d 77, 79 (6^th Cir. 1990)(citation omitted).

Petitioner's Objection, ECF 16, is OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. Petitioner's Motion for Release, ECF 8, is DENIED.

/s/ Gregory L. Frost

GREGORY L. FROST

United States District Judge