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STEVENS v. WARDEN, LEBANON CORRECTIONAL INSTITUTION, 3:12-cv-034. (2014)

Court: District Court, S.D. Ohio Number: infdco20140513d38 Visitors: 3
Filed: Apr. 14, 2014
Latest Update: Apr. 14, 2014
Summary: 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 THOMAS M. ROSE, District Judge. This matter comes before the Court pursuant to pro se Petiti
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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

THOMAS M. ROSE, District Judge.

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.

Source:  Leagle

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