Lamb v. Warden, Southern Ohio Correctional Facility, No. 1:2019cv00621 - Document 14 (S.D. Ohio 2020)

Court Description: DECISION AND ENTRY adopting Report and Recommendations re 13 Report and Recommendations. Signed by Judge Timothy S. Black on 9/28/2020. (rrs)

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Lamb v. Warden, Southern Ohio Correctional Facility Doc. 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION TOBY LAMB, II, Petitioner, vs. WARDEN, South Ohio Correctional Facility, Respondent. : : : : : : : : : : Case No. 1:19-cv-621 Judge Timothy S. Black Magistrate Judge Michael R. Merz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 13) 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 Michael R. Merz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on August 24, 2020, submitted a Report and Recommendation. (Doc. 13). 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 the Report and Recommendation (Doc. 13) should be and is hereby ADOPTED in its entirety. Accordingly, for the reasons stated above: 1) The petition (Doc. 1) is hereby DISMISSED with prejudice. Dockets.Justia.com 2) A certificate of appealability WILL NOT issue with respect to any of the claims for relief alleged in the petition.. 3) 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 Petitioner is denied leave to appeal in forma pauperis. 4) The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED from the docket of this Court. IT IS SO ORDERED. Date: 9/28/2020 s/Timothy S. Black Timothy S. Black United States District Judge 2

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