Cox v. Warden, Pickaway Correctional Institution

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Report and Recommendations. Therefore, it is Ordered that the petition is dismissed with prejudice and petitioner is denied leave to appeal IFP and any request for certificate of appealability. Signed by Chief Judge Susan J. Dlott. (Attachments: # 1 Certified Mail Receipt) (wam1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Thomas Cox, Petitioner(s), vs. Warden, Pickaway Correctional Institution, Respondent(s). : : : : : : : : : Case Number: 1:10cv117 Chief Judge Susan J. Dlott ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael R. Merz filed on April 26, 2011 (Doc. 13), to whom this case was referred pursuant to 28 U.S.C. ยง636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired May 11, 2011, hereby ADOPTS said Report and Recommendation. Accordingly, due to the fact that Petitioner Cox procedurally defaulted in presenting his ineffective assistance of appellate counsel claims to the state courts, this Court cannot reach the merits of those claims and they must be dismissed. Therefore, it is ORDERED that the petition herein is DISMISSED with prejudice. Since reasonable jurists will not disagree with this conclusion, petitioner is DENIED leave to appeal in forma pauperis and any request for a certificate of appealability. IT IS SO ORDERED. ___s/Susan J. Dlott___________ Chief Judge Susan J. Dlott United States District Court

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