Dangerfield v. Warden, Warren Correctional Institution
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 16 ). Signed by Judge Timothy S. Black on 1/3/2017. (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
Case No. 1:15-cv-609
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 16)
This 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 November 21, 2016, submitted
a Report and Recommendations. (Doc. 16). The Petitioner filed objections. (Doc. 17). 1
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
For the reasons stated in the Magistrate Judge’s Report and Recommendations (Doc. 16),
Petitioner’s objections (Doc. 17) are OVERRULED. Specifically, Petitioner only raises one
ground for relief: that his trial attorney failed to request a presentence investigation report prior
to sentencing. Petitioner’s objection that mitigating circumstances would have reduced his
sentence is speculative. This Court has no way of knowing what would have been in a
presentence investigation report. Moreover, Petitioner could have submitted mitigating facts in a
petition for post-conviction relief in the trial court, but he failed to do so. The Court notes that
the grand jury returned an indictment with capital specifications and Petitioner pleaded guilty to
murdering his own son. Even with these facts, he received the second-lowest sentence possible
under the plea agreement, life with parole eligibility after twenty-five years.
of the filings in this matter. Upon consideration of the foregoing, the Court does
determine that such Report and Recommendations should be and is hereby adopted in its
1. The Petition (Doc. 1) is DISMISSED WITH PREJUDICE;
2. Petitioner is denied a certificate of appealability because an appeal would be
objectively frivolous and therefore he is not permitted to proceed in forma
3. The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.
IT IS SO ORDERED.
Timothy S. Black
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?