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

CORA HARRIS, : Case No. 1:18-cv-711 : Petitioner, : Judge Matthew W. McFarland : vs. : : WARDEN, DAYTON : CORRECTIONAL INSTITUTION, : : Respondent. :

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. 13), DENYING WITH PREJUDICE PETITION FOR WRIT OF HABEAS CORPUS (DOC. 1), AND TERMINATING CASE

The Court has reviewed the Report and Recommendation (Doc. 13) of United States Magistrate Judge Stephanie K. Bowman, to whom this case is 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) has expired, hereby ADOPTS said Report and Recommendation. Accordingly, the Court rules as follows: 1. Petitioner’s petition for a writ of habeas corpus pursuant to

(Doc. 1) is DENIED with prejudice. 2. A certificate of appealability shall not issue with respect to the claims alleged in the petition, which have been addressed on the merits herein, because 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,

(2000) (citing Barefoot v. Estelle,

, 893 & n.4 (1983)). See also

(c); Fed. R. App. P. 22(b).

3. With respect to any application by petitioner to proceed on appeal in forma pauperis, the Court hereby CERTIFIES pursuant to

(a)(3) that an appeal of any Order adopting this Report and Recommendation would not be taken in “good faith,” and, therefore, DENIES petitioner leave to appeal in forma pauperis upon a showing of financial necessity. See Fed. R. App. P. 24(a); Kincade v. Sparkman,

(6th Cir. 1997).

4. This case is hereby TERMINATED on the Court’s docket. IT IS SO ORDERED.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

By: /s/ Matthew W. McFarland b JUDGE MATTHEW W. McFARLAND