Jordan v. Warden, Chillicothe Correctional Institution

Filing 14

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS : it is hereby ORDERED that the Petition be DISMISSED with prejudice. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Susan J. Dlott on 2/7/2017. (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 AT CINCINNATI
JOSEPH JORDAN,

:
Petitioner,

WARDEN Chillicothe Correctional
Institution,

Case No. 1:15-cv-773

:

- vs -

:

District Judge Susan J. Dlott
Magistrate Judge Michael R. Merz

:
:

Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendation of United States Magistrate Judge
Michael R. Merz (ECF No. 11), to whom this case was referred pursuant to 28 U.S.C. ' 636(b), and
noting that no objections have been filed thereto and time for filing such objections under Fed. R.
Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendation.
Accordingly, it is hereby ORDERED that the Petition be DISMISSED with prejudice.
Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to
the United States Court of Appeals that an appeal would be objectively frivolous and therefore
should not be permitted to proceed in forma pauperis.
February _7_, 2017.
s/Susan J. Dlott
Susan J. Dlott
United States District Judge