Kelley v. Warden

Filing 28

ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS : The Court has reviewed the Supplemental Report andRecommendation of United States Magistrate Judge Michael R. Merz, hereby ADOPTS said Supplemental 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.. Signed by Judge Susan J. Dlott on 8/24/2017. (jlw) (Main Document 28 replaced on 8/24/2017) (jlw).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
JOHN KELLEY,

:
Petitioner,

WARDEN Lebanon Correctional
Institution,

Case No. 1:16-cv-274

:

- vs -

:

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

:
:

Respondent.

ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS

The Court has reviewed the Supplemental Report and Recommendation of United States
Magistrate Judge Michael R. Merz (ECF No. 27), 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 Supplemental 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.
August _24_, 2017.
s/Susan J. Dlott
Susan J. Dlott
United States District Judge