Opinion
Case Number: 1:08cv87.
May 19, 2009
ORDER
This matter 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 Timothy S. Hogan. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on March 20, 2009 a Report and Recommendations (Doc. 8). Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc. 10).
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 Recommendations should be adopted.
Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is DENIED with prejudice.
A certificate of appealability will not issue because petitioner has failed to make a substantial showing of the denial of a constitutional right based on the claims raised in the petition. 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 an appeal this Order will not be taken in "good faith" and, therefore, DENIES petitioner leave to proceed on appeal informa pauperis upon a showing of financial necessity. See Fed.R.App.P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997).
IT IS SO ORDERED.
Exhibit