Peeples v. Warden, Southern Ohio Correctional Facility, No. 1:2019cv00340 - Document 18 (S.D. Ohio 2020)

Court Description: DECISION AND ENTRY adopting Report and Recommendations re 17 Report and Recommendations. Signed by Judge Timothy S. Black on 8/24/2020. (rrs)

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Peeples v. Warden, Southern Ohio Correctional Facility Doc. 18 Case: 1:19-cv-00340-TSB-KLL Doc #: 18 Filed: 08/24/20 Page: 1 of 2 PAGEID #: 291 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION KAVIN LEE PEEPLES, Petitioner, vs. WARDEN, SOUTHERN OHIO CORRECTIONAL FACILITY, Respondent. : : : : : : : : : : Case No. 1:19-cv-340 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 17) AND TERMINATING THIS CASE IN THIS COURT This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, on June 9, 2020, the Magistrate Judge submitted a Report and Recommendation recommending that—in light of the Sixth Circuit’s May 12, 2020 order denying petitioner’s motion for authorization, motion for psychiatric evaluation, and motion for the appointment of counsel (see Doc. 16)—this action be dismissed. (Doc. 17). 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 Recommendations (Doc. 17) should be and is hereby ADOPTED in its entirety. Accordingly, for the reasons stated above: Dockets.Justia.com Case: 1:19-cv-00340-TSB-KLL Doc #: 18 Filed: 08/24/20 Page: 2 of 2 PAGEID #: 292 1) As there are no further matters pending before this Court, this action is hereby DISMISSED. 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 Plaintiff is denied leave to appeal in forma pauperis. 3) The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED from the docket of this Court. IT IS SO ORDERED. Date: 8/24/2020 /s/ Timothy S. Black Timothy S. Black United States District Judge 2

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