Ikharo v. Attorney General of U.S.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Musa Ikharo, : : Petitioner(s), : : Case Number: 1:19cv175 vs. : : Judge Susan J. Dlott Attorney General of United States : : Respondent(s). : ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on January 6, 2020 (Doc. 16), to whom this case was referred pursuant to 28 U.S.C. §636(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 January 21, 2020, hereby ADOPTS said Report and Recommendation.

Accordingly, petitioner’s pro se petition for writ of habeas corpus pursuant to 28 U.S.C. §2241 and “Motion Against Immigration Court and “BIA” Corrupt and Unlawful Practices” (Doc. 15) are DENIED.

A certificate of appealability will not issue since petitioner has not stated a “viable claim of the denial of a constitutional right,’ nor are the issues presented “adequate to deserve encouragement to proceed further.” See Slack v. McDaniel, 529 U.S. 473, 475 (2000) (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).

With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court will certify pursuant to 28 U.S.C. §1915(a)(3) 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); Kindade v Sparkman, 117 F.d 949, 952 (6th Cir. 1997).

IT IS SO ORDERED.

___s/Susan J. Dlott___________ Judge Susan J. Dlott United States District Court