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Twitty v. Warden

September 22, 2006

RAHAM TWITTY, PETITIONER,
v.
WARDEN, LEBANON CORRECTIONAL INSTITUTION, RESPONDENT.



The opinion of the court was delivered by: Judge Walter Herbert Rice

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #36) IN ITS ENTIRETY; PETITIONER'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. #41) OVERRULED; PETITION FOR WRIT OF HABEAS CORPUS DENIED; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; PETITIONER'S MOTION TO ORDER PRODUCTION OF EVIDENCE AND FOR EXPANSION OF RECORD (DOC. #32) DENIED; CERTIFICATE OF APPEALABILITY AND ANTICIPATED REQUEST TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY

Based upon the reasoning and citations of authority set forth by the United States Magistrate Judge, in her Report and Recommendations of August 4, 2006 (Doc. #36), as well as upon a thorough de novo review of this Court's file and the applicable law, said Report and Recommendations are adopted in their entirety. The Petitioner's Objections to said judicial filing (Doc. #41) are overruled. Judgment will enter in favor of the Respondent and against Petitioner herein, denying the Petitioner's Petition for Writ of Habeas Corpus and, in addition, denying Petitioner's Motion to Order Production of Evidence and for Expansion of Record (Doc. #32).

Again, for reasons set forth in the Magistrate Judge's Report and Recommendations (Doc. #36 at 41-42), this Court denies Petitioner a Certificate of Appealability. Given that an appeal from this Court's Decision would be objectively frivolous, this Court, likewise, denies Petitioner the right to appeal in forma pauperis.

The captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.

WALTER HERBERT RICE UNITED STATES DISTRICT JUDGE

20060922

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