Abner v. Warden, London Correctional Institution

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI TOMMY E. ABNER, : Case No. 1:23-cv-229 Petitioner, Judge Matthew W. McFarland : Magistrate Judge Peter B. Silvain, Jr. V. : WARDEN, LONDON CORRECTIONAL INSTITUTION, Respondent.

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 10)

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Peter V. Silvain, Jr. (Doc. 10), to whom this case is referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court hereby ADOPTS said Report and Recommendation in its entirety. Accordingly, the Court ORDERS the following: 1. Grounds One and Two are DENIED, and Petitioner Tommy E. Abner’s Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is DISMISSED with prejudice; 2. A certificate of appealability SHALL NOT be issued with respect to any grounds in the Petition because Abner has not stated a “viable claim of the denial of a constitutional right” or presented an issue

that is “adequate to deserve encouragement to proceed further.” See Slack v. McDaniel, 529 U.S. 473, 475 (2000) (citing Barefoot v. Estelle, 462 U.S. 880, 893 & n.4 (1983)); see also 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b); 3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a), that any appeal of this Order would not be taken in good faith and that Abner should be denied leave to appeal in forma pauperis; and 4, This case is TERMINATED from the Court’s docket. IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO Week, wes ¢€ By: JUDGE MATTHEW W. McFARLAND