Scott v. Warden, London Correctional Institution et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DEMIETRUS SCOTT,
Petitioner, Case No. 3:26-cv-145
v.
WARDEN, District Judge Michael J. Newman
LONDON CORRECTIONAL INSTITUTION, Magistrate Judge Michael R. Merz
Respondent.
______________________________________________________________________________
ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE
MAGISTRATE JUDGE (Doc. No. 11); (2) DISMISSING THE PETITION FOR WRIT OF
HABEAS CORPUS (Doc. No. 1) WITH PREJUDICE; (3) DENYING ANY REQUESTED
CERTIFICATE OF APPEALABILITY; (4) CERTIFYING THAT AN APPEAL WOULD
NOT BE TAKEN IN GOOD FAITH; AND (5) TERMINATING THIS CASE ON THE
DOCKET
______________________________________________________________________________
Petitioner is an inmate in state custody. Doc. No. 1. He brings this case pro se seeking a writ
of habeas corpus pursuant to 28 U.S.C. § 2254. Id. The case is before the Court on the United
States Magistrate Judge’s Report and Recommendation (“R&R”) (Doc. No. 11) denying Petitioner’s
motion for relief (Doc. No. 1) and recommending that Petitioner’s claims be dismissed with
prejudice. Petitioner has not filed objections to the R&R and the time for doing so under Fed. R.
Civ. P. 72(b) has expired.
The Court has reviewed the comprehensive findings of Magistrate Judge Merz and
considered all filings in this matter. Liberally construing Petitioner’s pro se filings in his favor, see
Estelle v. Gamble, 429 U.S. 97, 106 (1976), the Court concludes that the R&R is well-reasoned,
cogently written, and not “clearly erroneous or … contrary to law.” 28 U.S.C. § 636(b)(1)(A).
Case: 3:26-cv-00145-MJN-MRM Doc #: 12 Filed: 10/14/26 Page: 1 of 2 PAGEID #: <pageID>

2
Accordingly, the Court hereby ADOPTS the R&R in full and DISMISSES WITH
PREJUDICE the petition for a writ of habeas corpus. Petitioner is DENIED any requested
certificate of appealability. The Court CERTIFIES to the United States Court of Appeals for the
Sixth Circuit that an appeal of this Order would not be taken in good faith, and Petitioner should not
be permitted to proceed in forma pauperis. This case is hereby TERMINATED on the docket.
IT IS SO ORDERED.
October 14, 2026 s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
Case: 3:26-cv-00145-MJN-MRM Doc #: 12 Filed: 10/14/26 Page: 2 of 2 PAGEID #: <pageID>