IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Daniel G. Payton, : Petitioner(s), : Case Number: 1:19cv149 vs. : : Judge Susan J. Dlott Warden Chillicothe Correctional Institution, —: Respondent(s). ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on December 10, 2019 (Doc. 12), to whom this case was referred pursuant to

(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired December 24, 2019, hereby ADOPTS said Report and Recommendation. Accordingly, respondent’s motion to dismiss (Doc. 8) is GRANTED. The petition for a writ of habeas corpus (Doc. 4) is DISMISSED with prejudice on the ground that the petition is time-barred under

(d). A certificate of appealability will not issue with respect to any of the claims for relief alleged in the petition, which this Court has concluded are barred from review on a procedural ground, because under the first prong of the applicable two-part standard enunciated in Slack v. McDaniel,

(2000), “jurists of reason” will not find it debatable whether the Court is correct in its procedural! ruling. With respect to any application by petitioner to proceed on appeal in forma pauperis, the

Court will certify pursuant to

(a) that an appeal of any Order adopting the Report and Recommendation will not be taken in “good faith.” Therefore, petitioner is DENIED leave to appeal in forma pauperis upon a showing of financial necessity. See Fed. R. App.P. 24(a): Kincade v, Sparkman,

(6" Cir, 1997). IT IS SO ORDERED.

A) United States District Court