Thornton v. Warden, Lebanon Correctional Institution

Filing 26

ORDER ADOPTING 25 Report and Recommendations dismissing the Petition with prejudice. Signed by Judge Michael R. Barrett on 9/27/11. (ba1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
Kevin Michael Thornton,
Petitioner,

Warden, Lebanon Correctional Institution
Respondent.

Case No. 1:10-cv-497

:

- vs -

:

District Judge Michael R. Barrett
Magistrate Judge Michael R. Merz

:
:

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States
Magistrate Judge Michael R. Merz (Doc. #25), to whom this case was referred pursuant to 28 U.S.C.
§ 636(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 on September 12, 2011, hereby ADOPTS said Report
and Recommendations.
Accordingly, it is hereby ORDERED that the Petition herein is DISMISSED with
prejudice. Petitioner is also DENIED leave to appeal in forma pauperis and any requested
certificate of appealability.
/s/ Michael R. Barrett
Michael R. Barrett
United States District Judge