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Pugh v. Warden, Hocking Correctional Facility

United States District Court, S.D. Ohio, Western Division
Sep 16, 2009
Case No. 1:08-cv-588 (S.D. Ohio Sep. 16, 2009)

Opinion

Case No. 1:08-cv-588.

September 16, 2009


ORDER


This matter is before the Court on the Magistrate Judge's Report and Recommendation filed March 19, 2008 (Doc. 13).

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). As of the date of this Order, 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, we find the Magistrate Judge's Report and Recommendation correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Petitioner's petition for writ of habeas corpus is DENIED with prejudice.

A certificate of appealability will not issue with respect to petitioner's grounds for relief, which this Court has concluded are barred from review on procedural waiver grounds, because under the applicable two-part standard enunciated in Slack v. McDaniel, 529 U.S. 473, 484-85 (2000), "jurists of reason would not find it debatable as to whether this Court is correct in its procedural ruling" or whether petitioner has stated a viable constitutional claim for relief in either of those grounds.

This Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) an appeal of this Order would not be taken in good faith, and therefore DENIES petitioner leave to appeal in forma pauperis. See Fed.R.App.P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997).


Summaries of

Pugh v. Warden, Hocking Correctional Facility

United States District Court, S.D. Ohio, Western Division
Sep 16, 2009
Case No. 1:08-cv-588 (S.D. Ohio Sep. 16, 2009)
Case details for

Pugh v. Warden, Hocking Correctional Facility

Case Details

Full title:Ronald Pugh, Petitioner v. Warden, Hocking Correctional Facility…

Court:United States District Court, S.D. Ohio, Western Division

Date published: Sep 16, 2009

Citations

Case No. 1:08-cv-588 (S.D. Ohio Sep. 16, 2009)