Lovett v. Warden Southern Ohio Correctional Institution

Filing 40

ORDER by Chief Judge Susan J. Dlott ADOPTING REPORTS AND RECOMMENDATION (Docs. 28, 32 and 39); terminating case. (vp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Kelvin R. Lovett,
Petitioner(s),
vs.
Warden, Southern Ohio Correctional Facility,
Respondent(s).

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Case Number: 1:11cv518
Chief Judge Susan J. Dlott

ORDER
This matter is before the Court pursuant to the Order of General Reference in the United
States District Court for the Southern District of Ohio Western Division to United States
Magistrate Judge Michael R. Merz. Pursuant to such reference, the Magistrate Judge reviewed
the pleadings and filed with this Court on June 19, 2012 a Report and Recommendations (Doc.
28). Subsequently, the petitioner filed objections to such Report and Recommendation (Doc.
30). Magistrate Judge Merz filed a Supplemental Report and Recommendation (Doc. 32) on
August 30, 2012. Petitioner filed objections (Doc. 36) to the Magistrate’s Supplemental Report
and Recommendation, and Petitioner filed a Motion for Relief from Judgment (Doc. 37) on
November 2, 2012.
Magistrate Judge Merz issued a Report and Recommendation on petitioner’s motion for
relief from judgment on November 6, 2012 (Doc. 39). The deadline to file objections was
November 23, 2012.
The Court has reviewed the comprehensive findings of the Magistrate Judge and
considered de novo all of the filings in this matter. Upon consideration of the foregoing, the
Court does determine that such Recommendations should be adopted.

Accordingly, after careful review of all the documents filed, the Petition is DISMISSED
with prejudice. Petitioner is DENIED a certificate of appealability. An appeal of this Order will
not be taken in good faith.
With regard to the Reports and Recommendation (Docs. 28, 32 & 39), the Court
ADOPTS the Reports and Recommendation. The motion for relief (Doc. 37) is DENIED.
This case is TERMINATED from the docket of this Court.
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Chief Judge Susan J. Dlott
United States District Court