From Casetext: Smarter Legal Research

Spurling v. Ohio Adult Parole Authority

United States District Court, S.D. Ohio, Western Division
Apr 11, 2008
Case No. 1:07-cv-748 (S.D. Ohio Apr. 11, 2008)

Opinion

Case No. 1:07-cv-748.

April 11, 2008


ORDER


This matter is before the Court on the Magistrate Judge's Report and Recommendation filed March 19, 2008 (Doc. 13).

Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections to the Magistrate Judge's Report and Recommendation have been filed.

Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the Magistrate Judge's Report and Recommendation correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Petitioner's motion for summary judgment is DENIED, and petitioner's petition for writ of habeas corpus is DENIED with prejudice.

A certificate of appealability will not issue with respect to the claims alleged in Grounds Three through Seven of the petition, which are barred from review on procedural waiver grounds.

A certificate of appealability also will not issue with respect to the claims alleged in Grounds One and Two of the petition, because petitioner has not made a substantial showing that he has stated "viable claim[s] of the denial of a constitutional right" or that the issues presented are "adequate to deserve encouragement to proceed further." See Slack, 529 U.S. at 475 (citing Barefoot v. Estelle, 463 U.S. 880, 893 n. 4 (1983)); see also 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b).

This 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 petitioner leave to appeal in forma pauperis. See Fed.R.App.P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997).


Summaries of

Spurling v. Ohio Adult Parole Authority

United States District Court, S.D. Ohio, Western Division
Apr 11, 2008
Case No. 1:07-cv-748 (S.D. Ohio Apr. 11, 2008)
Case details for

Spurling v. Ohio Adult Parole Authority

Case Details

Full title:LeDon Spurling, Petitioner v. Ohio Adult Parole Authority, Respondent

Court:United States District Court, S.D. Ohio, Western Division

Date published: Apr 11, 2008

Citations

Case No. 1:07-cv-748 (S.D. Ohio Apr. 11, 2008)

Citing Cases

Westerfield v. Warden, Chillicothe Corr. Inst.

The same is true, of course, for lesser felonies. See, e.g., Spurling v. Ohio Adult Parole Authority, 2008 WL…