Moreland v. Streck et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TASK MORELAND,
Petitioner, 	Case No. 3:25-cv-213
vs.
WARDEN NOBLE CORRECTIONAL 	District Judge Michael J. Newman
INSTITUTION, 	Magistrate Judge Caroline H. Gentry
Respondent.
______________________________________________________________________________
ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE
MAGISTRATE JUDGE (Doc. No. 4); (2) DISMISSING WITHOUT PREJUDICE THE
PETITION FOR A WRIT OF HABEAS CORPUS (Doc. No. 1); (3) CERTIFYING THAT
ANY APPEAL IN THIS MATTER WOULD BE OBJECTIVELY FRIVOLOUS, AND
FINDING THAT PETITIONER SHOULD BE DENIED IN FORMA PAUPERIS STATUS
ON APPEAL; AND (4) TERMINATING THIS CASE ON THE DOCKET
______________________________________________________________________________
The Court has reviewed the Report and Recommendation (“R&R”) of Magistrate Judge
Caroline H. Gentry (Doc. No. 4), to whom this case was referred pursuant to 28 U.S.C. § 636(b).
The parties have not filed objections to the R&R, and the time for doing so under Fed. R. Civ. P.
72(b) has expired. 	Upon review of the R&R, the Court finds that it correctly sets forth the
applicable law and is well reasoned. Accordingly, the Court: (1) ADOPTS Judge Gentry’s Report
and Recommendation in its entirety; (2) DISMISSES WITHOUT PREJUDICE the petition for
a writ of habeas corpus; and (3) CERTIFIES that any appeal in this matter would be objectively
frivolous, and FINDS that Petitioner should be DENIED in forma pauperis status on appeal. The
case is TERMINATED on the docket.
IT IS SO ORDERED.
November 14, 2025 	s/Michael J. Newman
Michael J. Newman
United States District Judge
Case: 3:25-cv-00213-MJN-CHG Doc #: 5 Filed: 11/14/25 Page: 1 of 1 PAGEID #: <pageID>