Opinion
Case No. 1:09cv429.
September 1, 2010
ORDER
This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on August 11, 2010 (Doc. 20).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. 636, this Court finds the Magistrate Judge's Report and Recommendation to be correct.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED in its entirety consistent with the opinion of the Magistrate Judge. The petition (Doc. 2) is STAYED and TERMINATED on the Court's docket pending petitioner's exhaustion of his Ohio remedies. When the petitioner has demonstrated his compliance by fully exhausting his Ohio remedies, he will be granted leave to reinstate this matter on the Court's active docket.
A certificate of appealability will not be issued under the standard set for in Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith," and therefore DENIES petitioner leave to appeal in forma 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.
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