Jones v. Warden, Lebanon Correctional Institution

Filing 45

ORDER denying 37 Motion for Reconsideration ; adopting Report and Recommendation 39 ; overruling objections. A certificate of appealability will not issue. Petitioner is denied leave to appeal IFP. Motions to reconsider this order or the order d enying petitioner's petition for a writ of habeas corpus will be summarily denied. Signed by Judge Sandra S Beckwith on 6/13/16. (mb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Richard J. Jones,
Petitioner,
vs.
Warden, Lebanon
Correctional Institution,
Respondent.

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ORDER

Petitioner’s motion for reconsideration of the Court’s denial of his petition for a writ
of habeas corpus (Doc. No. 37) and Petitioner’s objections to Magistrate Judge Merz’s
recommendation that his motion for reconsideration be denied (Doc. No. 43), are denied
as frivolous. As Judge Merz accurately states in his Report (Doc. No. 39), Petitioner’s
motion for reconsideration simply reiterates arguments already rejected by the Court on the
merits of his habeas petition.
IT IS THEREFORE ORDERED
1. Petitioner’s objections to the Report and Recommendation (Doc. No. 43) are not welltaken and are OVERRULED.
2 .The Court ADOPTS the Report and Recommendation (Doc. No. 39).
3. Petitioner’s motion for reconsideration (Doc. No. 37) is not well-taken and is DENIED.
4. A certificate of appealability will not issue with respect to this order because under the
first prong of the applicable two-part standard established in Slack v. McDaniel, 529 U.S.
473, 484-85 (2000), “jurists of reason” would not find it debatable whether this Court is
correct in its procedural ruling. Petitioner remains free to request issuance of the certificate
of appealability from the Court of Appeals. See 28 U.S.C. § 2253(c) and Fed. R. App. P.
22(b).
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5. The Court certifies pursuant to 28 U.S.C.A. § 1915(a)(3) that an appeal of this order
would not be taken in good faith, and therefore DENIES Petitioner leave to appeal this
order in forma pauperis. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949,
952 (6th Cir. 1997).
6. Motions to reconsider this order, or the Court’s order denying Petitioner’s petition for a
writ of habeas corpus, will be summarily denied.

Date June 13, 2016

s/Sandra S. Beckwith
Sandra S. Beckwith
Senior United States District Judge

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