LaMar v. Warden Ohio State Penitentiary

Filing 208

ENTRY AND ORDER OVERRULING LAMAR'S OBJECTIONS (Doc. # 206 ) TO MAGISTRATE JUDGE MERZ'S REPORT AND RECOMMENDATIONS REGARDING A COA AND LEAVE TO APPEAL IN FORMA PAUPERIS (Doc. 205 ); ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDA TIONS (Doc. # 205 ) IN ITS ENTIRETY; GRANTING LAMAR LEAVE TO APPEAL IN FORMA PAUPERIS; GRANTING A COA ON GROUND ONE, ON GROUND FOUR (BOTH ISSUES), ON THE KIDNAPPING SPECIFICATION ISSUE IN GROUND TEN, ON GROUND TWELVE AND ON THE CONSTRUCTIVE AMENDMENT/STATUTE OF LIMITATIONS ISSUES AND DENYING A COA ON THE REMAINING ISSUES FOR WHICH A COA WAS REQUESTED. Signed by Judge Thomas M Rose on 6/27/11. (bac1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

KEITH LAMAR,
Case No. 1-:04-CV-541
Petitioner,
-vsJudge Thomas M. Rose
TODD ISHEE, Warden,
Magistrate Judge Michael R. Merz
Respondent.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING LAMAR’S OBJECTIONS (Doc. #206) TO
MAGISTRATE JUDGE MERZ’S REPORT AND RECOMMENDATIONS REGARDING
A COA AND LEAVE TO APPEAL IN FORMA PAUPERIS (Doc. 205); ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS (Doc. #205) IN ITS
ENTIRETY; GRANTING LAMAR LEAVE TO APPEAL IN FORMA PAUPERIS;
GRANTING A COA ON GROUND ONE, ON GROUND FOUR (BOTH ISSUES), ON
THE KIDNAPPING SPECIFICATION ISSUE IN GROUND TEN, ON GROUND
TWELVE AND ON THE CONSTRUCTIVE AMENDMENT/STATUTE OF
LIMITATIONS ISSUES AND DENYING A COA ON THE REMAINING ISSUES FOR
WHICH A COA WAS REQUESTED.
______________________________________________________________________________
This matter is before the Court pursuant to Petitioner Keith LaMar’s Objections (doc.
#206) to the Report and Recommendations of Magistrate Judge Michael R. Merz (doc. #205).
This Report and Recommendations addresses LaMar’s Motion for a Certificate of Appealability.
The Warden has responded to LaMar’s Objections. (Doc. #207.) Thus, this matter is ripe
for decision.
As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the
District Judge has made a de novo review of the record in this case. Upon said review, the Court
finds that LaMar’s Objections to the Magistrate Judge’s Report and Recommendations are not
well-taken, and they are hereby OVERRULED. The Magistrate Judge’s Report and

Recommendations is adopted in its entirety.
LaMar is granted leave to appeal in forma pauperis. Further, a Certificate of
Appealability (“COA”) is granted on Ground One, on Ground Four (both issues), on the
kidnapping specification issue in Ground Ten, on Ground Twelve and on the constructive
amendment/statute of limitations issue. A COA on the remaining requested issues is denied.
DONE and ORDERED in Dayton, Ohio, this Twenty-Seventh Day of June, 2011.
.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel of Record

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