Opinion
CIVIL ACTION NO. 1:12cv0014 (WOB-KLL)
03-18-2013
ROBERT PEAVIE PETITIONER v. WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION RESPONDENT
ORDER
This matter is before the Court on the Report and Recommendation of the United States Magistrate Judge (Doc. #8), and there being no objections filed thereto, and the Court being advised,
IT IS ORDERED that said Report and Recommendation be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that respondent's motion to dismiss be, and it hereby is, granted; that petitioner's petition for writ of habeas corpus be, and it hereby is, denied; that no Certificate of Appealability shall issue herein with respect to the claims alleged in the petition, which this Court concludes are waived and thus procedurally barred from review because under the first prong of the applicable two-part standard enunciated in Stack v. McDaniel, 529 U.S. 473, 484-85 (2000), "jurists of reason" would not find it debatable whether this Court is correct in its procedural ruling; that with respect to any application to proceed in forma pauperis on appeal, the Court certifies, pursuant to 28 U.S.C. Section 1915(a)(3), that an appeal of this matter would not be taken in "good faith," and any motion to appeal in forma pauperis will be denied. A separate Judgment shall enter concurrently herewith.
Signed By:
William O. Bertelsman
United States District Judge