Opinion
Case No. 1:13-cv-914
10-07-2015
STANLEY K. IVEY, Petitioner, v. WARDEN, HOCKING CORRECTIONAL FACILITY, Respondent.
Magistrate Judge Michael R. Merz
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 32)
This case 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 Michael R. Merz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court, and, on September 8, 2015, submitted a Report and Recommendations. (Doc. 32). Neither party filed objections.
As required by 29 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), 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 Report and Recommendations should be and is hereby ADOPTED in its entirety. Accordingly, for the foregoing reasons:
1. Petitioner's petition for a writ of habeas corpus (Doc. 1) is DISMISSED WITH PREJUDICE;
2. Because reasonable jurists would not disagree with this conclusion, Petitioner is DENIED a certificate of appealability;
3. The Court certifies that an appeal of this Order would be objectively frivolous, and therefore Petitioner will not be permitted to proceed in forma pauperis; and
4. The Clerk shall enter judgment accordingly, whereupon this civil action is TERMINATED in this Court.
IT IS SO ORDERED. Date: 10/7/2015
/s/Timothy S . Black
Timothy S. Black
United States District Judge