Opinion
Case Number: 1:08cv599.
August 4, 2010
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. Black. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on April 12, 2010 a Report and Recommendations (Doc. 20). Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc. 22).
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 Recommendation should be adopted.
Accordingly, Petitioner's petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (Doc. 1) is DENIED with prejudice.
A certificate of appealability will not issue with respect to the ineffective assistance of appellate counsel claims specifically alleged by petitioner as grounds for relief in the petition, because petitioner has failed to make a substantial showing of the denial of a constitutional right in those grounds. See 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b).
With respect to any application by petitioner to proceed on appeal in forma pauperis at the close of this case, the Court will certify pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of any Order adopting this Report and Recommendation will 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.
Exhibit