Opinion
Case No. 3:12-cv-034
04-14-2014
MOSES MATTHEW STEVENS Petitioner, v. WARDEN, Lebanon Correctional Institution Respondent.
Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington
ENTRY AND ORDER OVERRULING STEVENS' OBJECTIONS (Doc.
#13) TO THE CHIEF MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATIONS; ADOPTING THE CHIEF MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATIONS (Doc. #11) IN ITS
ENTIRETY; DENYING AND DISMISSING STEVENS' PETITION FOR A
WRIT OF HABEAS CORPUS; DENYING LEAVE TO APPEAL IN
FORMA PAUPERIS; DENYING ANY REQUESTED CERTIFICATE OF
APPEALABILITY AND TERMINATING THIS CASE
This matter comes before the Court pursuant to pro se Petitioner Moses Matthew Stevens' ("Stevens'") Objections (doc. #13) to Chief Magistrate Judge Sharon L. Ovington's Report and Recommendations (doc. #11). Chief Magistrate Judge Ovington recommends that Stevens' Petition for a Writ of Habeas Corpus be denied and dismissed, that Stevens be denied leave to appeal in forma pauperis and that Stevens be denied any requested certificate of appealability.
The time has run and the Warden has not responded to Stevens' Objections. This matter is, therefore, ripe for decision.
As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the District Judge has made a de novo review of the record in this case. Upon said review, the Court finds that Stevens' Objections to the Magistrate Judge's Report and Recommendations are not well-taken, and they are hereby OVERRULED. The Chief Magistrate Judge's Report and Recommendations is adopted in its entirety.
Stevens' Petition for a Writ of Habeas Corpus is denied and dismissed. Further, Stevens is denied leave to appeal in forma pauperis and any requested certificate of appealability. Finally, the captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.
DONE and ORDERED in Dayton, Ohio, this Fourteenth Day of April, 2014.
__________
THOMAS M. ROSE
UNITED STATED DISTRICT JUDGE
Copies furnished to: Counsel of Record
Moses Matthew Stevens at his last address of record