Imber v. Johnson

WALTER H. RICE

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE

JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #2);

DISMISSING PETITION FOR WRIT OF HABEAS CORPUS (DOC. #1)

WITH PREJUDICE; DENYING CERTIFICATE OF APPEALABILITY AND

LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN

FAVOR OF RESPONDENT AND AGAINST PETITIONER; TERMINATION

ENTRY

On January 13, 2014, United States Magistrate Judge Michael R. Merz issued a Report and Recommendations, Doc. #2, recommending that the Petition for Writ of Habeas Corpus, Doc. #1, be dismissed with prejudice, and that Petitioner be denied a certificate of appealability. Although Petitioner requested, and was granted, additional time to file Objections to the Report and Recommendations, he has failed to do so within the time allotted.

Based on the reasoning and citations of authority set forth by Magistrate Judge Merz, in his Report and Recommendations, as well as upon a thorough de novo review of this Court's file and the applicable law, this Court ADOPTS said judicial filing in its entirety. The Petition for Writ of Habeas Corpus, Doc. #1, is DISMISSED WITH PREJUDICE.

Given that Petitioner has not made a substantial showing of the denial of a constitutional right and, further, that the Court's decision herein would not be debatable among reasonable jurists, and because any appeal from this Court's decision would be objectively frivolous, Petitioner is denied a certificate of appealability, and is denied leave to appeal in forma pauperis.

Judgment will be entered in favor of Respondent and against Petitioner.

The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.

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WALTER H. RICE

UNITED STATES DISTRICT JUDGE