Combs v. Warden
Filing
39
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 32 ). Signed by Judge Timothy S. Black on 5/26/2015. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
HAROLD COMBS,
Petitioner,
vs.
BRIAN COOK, WARDEN,
Pickaway Correctional Institution,
Respondent.
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Case No. 1:14-cv-88
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS OF THE
UNITED STATES MAGISTRATE JUDGE (Doc. 32)
This habeas corpus case 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 filed with this Court, and, on February 6,
2015, submitted a Report and Recommendations. (Doc. 32). Petitioner timely filed
Objections. (Doc. 38). 1
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The Magistrate Judge concluded that all of Petitioner’s claims for relief were procedurally
defaulted and that Petitioner had not shown excusing cause and prejudice. (Doc. 32 at 9). For
the first time in his Objections, Petitioner argues that he can overcome the procedural default.
(Doc. 38). “A federal court will review a state prisoner’s procedurally defaulted federal claim if
the prisoner shows ‘cause’ for the default and ‘prejudice’ from the error, or if a manifest
miscarriage of justice would otherwise result.” Sutton v. Carpenter, 745 F.3d 787, 789-90 (6th
Cir. 2014). Petitioner has not made the requite showings necessary to excuse his procedural
default.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), 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 Reports and Recommendations should be and are hereby adopted in
their entirety. Accordingly:
1. The Report and Recommendations of the Magistrate Judge (Doc. 32) is
ADOPTED in its entirety;
2. Petitioner’s Objections (Doc. 38) are OVERRULED;
3. Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED with
prejudice;
4. Any request for a certificate of appealability under 28 U.S.C. § 2253(c) is
DENIED;
5. The Court CERTIFIES that any appeal of this Order would be objectively
frivolous, and therefore DENIES Petitioner leave to appeal in forma pauperis. He
remains free, however, to apply to proceed in forma pauperis in the Court of
Appeals; and
6. The Clerk is DIRECTED to enter judgment accordingly, whereupon this case is
TERMINATED on the Court’s docket.
IT IS SO ORDERED.
Date: 5/26/2015
/s/Timothy S. Black
Timothy S. Black
United States District Judge
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