Opinion
Case No. 1:17-cv-396
02-02-2018
WINSTON THOMAS, Petitioner, v. WARDEN, MADISON CORRECTIONAL INSTITUTION, Respondent.
Magistrate Judge Michael R. Merz
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 14) AND TERMINATING THIS CASE IN THIS COURT
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 January 17, 2018, submitted a Report and Recommendation. (Doc. 14). No objections were filed.
As required by 28 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 Recommendation should be and is hereby adopted in its entirety.
Accordingly:
1. The Report and Recommendation (Doc. 14) is ADOPTED in its entirety;
2. Respondent's motion to dismiss (Doc. 6) is GRANTED;
3. A certificate of appealability is DENIED;
4. Pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this order would not be taken in good faith; and
5. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court.
IT IS SO ORDERED. Date: 2/2/18
/s/_________
Timothy S. Black
United States District Judge