Hartsook v. Warden, Belmont Correctional Institution

Filing 19

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS It is ordered that the petition is hereby DISMISSED with prejudice. Reasonable jurists will not disagree with the conclusion as to Grounds Two and Three. Petitioner is DENIED a certificate of appealab ility on those grounds. Regarding Ground One, the Court believes the question is close enough to grant a certificate of appealability. Signed by Judge Susan J. Dlott on 1/30/2017. (jlw)(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
Victor Hartsook,

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Petitioner(s),
vs.
Warden, Belmont Correctional Institution,
Respondent(s).

Case Number: 1:15cv598
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 September 16, 2016 a Report and Recommendation (Doc. 17). Subsequently, the
respondent filed objections to such Report and Recommendation (Doc. 18).
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 Recommendation should be adopted.
Accordingly, it is ordered that the petition is hereby DISMISSED with prejudice. Reasonable
jurists will not disagree with the conclusion as to Grounds Two and Three. Petitioner is DENIED a
certificate of appealability on those grounds. Regarding Ground One, the Court believes the question is
close enough to grant a certificate of appealability.
IT IS SO ORDERED.

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