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Holman v. State

January 8, 2007

VICTOR ALLEN HOLMAN, PLAINTIFF,
v.
STATE OF OHIO, JUDGE MICHAEL R. BARRETT DEFENDANT.



The opinion of the court was delivered by: Michael R. Barrett, Judge United States District Court

ORDER

This matter is before the Court on the Magistrate Judge's Report and Recommendation filed December 12, 2006 (Doc. 12).

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). 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, the Court finds the Magistrate Judge's Report and Recommendation to be correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Respondent's Motion to Dismiss (Doc. 11) is GRANTED and barred from appeal consistent with the Report and Recommendation by the Magistrate Judge. Application of appeal in forma pauperis by this Petitioner would not be taken in good faith and will be denied without a showing of financial necessity. This action is dismissed with prejudice.

IT IS SO ORDERED.

20070108

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