Archibald v. Warden, Trumbull Corr. Inst.

Full title: Carl P. Archibald, Plaintiff v. Warden, Trumbull Correctional Institution…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Mar 12, 2012

Case No. 1:10CV2932 (N.D. Ohio Mar. 12, 2012)

Opinion

Case No. 1:10CV2932

03-12-2012

Carl P. Archibald, Plaintiff v. Warden, Trumbull Correctional Institution, Defendant

James G. Carr

ORDER

This is a habeas corpus case in which the Magistrate Judge has filed an Report and Recommendation recommending dismissal of the petition. (Doc. 9).

Though notified to do so, petitioner has filed to file a timely opposition.

I have reviewed the Report and Recommendation de novo and find it well-taken in all respects.

It is, therefore.

ORDERED THAT

1. The Report and Recommendation of the Magistrate Judge (Doc. 9) be, and the same hereby is adopted as the decision of the undersigned; and
2. The petition be, and the same hereby is dismissed.

Further, the Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. 2253(c); Fed. R. App. P. 22(b).

So ordered.

James G. Carr

Sr. United States District Judge