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Hooper v. Warden, Warren Corr. Inst.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
Feb 3, 2014
Case No. 3:12-cv-108 (S.D. Ohio Feb. 3, 2014)

Opinion

Case No. 3:12-cv-108

02-03-2014

LAVONE HOOPER, Petitioner, v. WARDEN, Warren Correctional Institution, Respondent.


Judge Timothy S. Black

Magistrate Judge Michael R. Merz


DECISION AND ENTRY: (1) ADOPTING THE REPORT AND

RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE

(Doc. 18); (2) DISMISSING PETITIONER'S PETITION WITH PREJUDICE (Doc.

2); (3) DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY;

(4) CERTIFYING THAT ANY APPEAL WOULD NOT BE TAKEN IN GOOD

FAITH AND DENYING PETITIONER LEAVE TO APPEAL IN FORMA

PAUPERIS; AND (5) TERMINATING THIS CASE

This case is before the Court on the Report and Recommendations of United States Magistrate Judge Michael R. Merz. (Doc. 18). The Magistrate Judge concludes that Petitioner's Petition for Writ of Habeas Corpus (Doc. 2) should be dismissed with prejudice. In addition, the Magistrate Judge recommends that Petitioner should be denied a certificate of appealability and that Petitioner should be denied leave to appeal in forma pauperis. (Doc. 18). Petitioner filed no objections to the Report and Recommendations of the Magistrate Judge and the time for doing so expired on January 27, 2014.

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 the issues presented de novo. Based upon the reasoning and citations of authority set forth in the Magistrate Judge's Report and Recommendations (Doc. 18), and based upon the Court's de novo review, the Court:

(1) ADOPTS the Report and Recommendations of the United States Magistrate Judge (Doc. 18) in its entirety;
(2) DISMISSES Petitioner's Petition for Writ of Habeas Corpus (Doc. 2) with prejudice;
(3) DENIES any request for a certificate of appealability under 28 U.S.C. § 2253(c);
(4) CERTIFIES that any appeal would not be taken in good faith and DENIES any request for leave to appeal in forma pauperis; and
(5) DIRECTS the Clerk to enter judgment accordingly, whereupon this case TERMINATES on the Court's docket.

IT IS SO ORDERED.

__________

Timothy S. Black

United States District Judge


Summaries of

Hooper v. Warden, Warren Corr. Inst.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
Feb 3, 2014
Case No. 3:12-cv-108 (S.D. Ohio Feb. 3, 2014)
Case details for

Hooper v. Warden, Warren Corr. Inst.

Case Details

Full title:LAVONE HOOPER, Petitioner, v. WARDEN, Warren Correctional Institution…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Feb 3, 2014

Citations

Case No. 3:12-cv-108 (S.D. Ohio Feb. 3, 2014)