Landrum v. Warden Chillicothe Correctional Institution

Filing 49

ORDER ADOPTING REPORT AND RECOMMENDATIONS 48 . It is ORDERED that the Petition be dismissed for lack of jurisdiction. Petitioner is DENIED any requested certificate of appealability and the Court 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 Thomas M. Rose on 3-2-2017. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
LAWRENCE LANDRUM,

:

Petitioner,

Case No. 2:12-cv-859

- vs -

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

WARDEN, Chillicothe Correctional Institution,
Respondent.

:

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate Judge
Michael R. Merz (ECF No. 48), to whom this case was referred pursuant to 28 U.S.C. ' 636(b), and
noting that no objections have been filed thereto and that the time for filing such objections under
Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that the Petition be DISMISSED for lack of
jurisdiction. 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.

March 2, 2017

*s/Thomas M. Rose
Thomas M. Rose
United States District Judge