Leigh v. Warden, London Correctional Institution

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BRANDON W. LEIGH
Petitioner,
vs.
WARDEN, LONDON
CORRECTIONAL INSTITUTION,
Respondent.
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Case No. 3:24-cv-192
District Judge Thomas M. Rose
Magistrate Judge Elizabeth P. Deavers
ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS
(DOC. NO. 28); TERMINATING ACTION
This case is currently before the Court on the Report and Recommendations (“Report”)
(Doc. No. 28) issued by Magistrate Judge Elizabeth P. Deavers. In the Report, Magistrate Judge
Deavers recommends that Petitioner Brandon W. Leigh’s (“Leigh”) petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254 (Doc. Nos. 1-1 & 19) be denied with prejudice. (Doc. No.
28 at PageID 1802-03.)
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court
has made a de novo review of the record in this case. Noting that no objections to Magistrate Judge
Deavers’ Report have been filed and that the time for filing such objections under Fed. R. Civ. P.
72(b) has expired, the Court hereby ADOPTS the Report and Recommendation (Doc. No. 28).
It is therefore ORDERED that:
1. 	Leigh’s petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254 (Doc. Nos. 1-1 & 19) is DENIED WITH
PREJUDICE;
2. 	The Court finds that Leigh has not stated a viable claim or
presented an issue deserving of appellate review. Therefore,
the Court DENIES Leigh a certificate of appealability
regarding this Order;
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3. 	The Court finds that any appeal of this Order would not be
taken in good faith. 	Therefore, the Court DENIES Leigh
leave to appeal this Order in forma pauperis; and,
4. 	The Clerk is hereby directed to TERMINATE this matter
on the Court’s docket.
DONE and ORDERED in Dayton, Ohio, this Thursday, January 8, 2026.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
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