Sheppard v. Warden Chillicothe Correctional Institution, No. 1:2012cv00198 - Document 121 (S.D. Ohio 2024)
Court Description: DECISION AND ENTRY adopting Report and Recommendations re 120 . Signed by Judge Timothy S. Black on 2/13/2024. (rrs)
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Sheppard v. Warden Chillicothe Correctional Institution Doc. 121 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION BOBBY T. SHEPPARD, Petitioner, vs. WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION Respondent. : : : : : : : : : : Case No. 1:12-cv-198 Judge Timothy S. Black Magistrate Judge Michael R. Merz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 120) This case is before the Court pursuant to the Order of General Reference 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 11, 2024, submitted a Report and Recommendation (Doc. 120). 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 fact that no objections have been filed, and the time for doing so has expired, the Court finds that the Report and Recommendation should be and is hereby adopted in its entirety. Dockets.Justia.com Accordingly: 1) Petitioner’s petition is DISMISSED without prejudice to any claims Petitioner may have with respect to the replacement judgment; 2) The Court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this Order would not be taken in good faith and therefore DENIES plaintiff leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997); and 3) The Clerk shall enter judgment accordingly and terminate the case. IT IS SO ORDERED. Date: s/Timothy S. Black Timothy S. Black United States District Judge 2/13/2024 2
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