Denson v. Smith

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
DAVID LEE DENSON,
Petitioner,
vs.
WARDEN, Belmont Correctional
Institution,
Respondent.
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Case No. 1:24-cv-434
Judge Jeffery P. Hopkins
Magistrate Judge Michael R. Merz
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation of United States Magistrate
Judge (Doc. 11), to whom this case was referred pursuant to 28 U.S.C. § 636(b). Noting that
no objections have been filed and that the time for filing such objections under Fed. R. Civ.
P. 72(b) has expired, the Court hereby ADOPTS said Report and Recommendation in its
entirety.
Accordingly, it is hereby ORDERED that the Petition be DISMISSED with prejudice
for failure to state a claim for relief. Petitioner is DENIED any requested certificate of
appealability and the Court hereby certifies to the United States Court of Appeals that an
appeal would be objectively frivolous and therefore should not be permitted to proceed in
forma pauperis.
IT IS SO ORDERED.
Dated: February 12, 2026
Hon. Jeffery P. Hopkins
United States District Judge
Case: 1:24-cv-00434-JPH-MRM Doc #: 12 Filed: 02/12/26 Page: 1 of 1 PAGEID #: <pageID>