Fryer v. Warden Marion Correctional Institution

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION; DENYING with prejudice Petitioner's Petition for Writ of Habeas Corpus; DECLINING to issue a certification of appealability and CERTIFYING to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed. Signed by Chief Judge Algenon L. Marbley on 2/7/2024. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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**AO 450 (Rev. 5/85) Judgment in a Civil Case UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO JUDGMENT IN CIVIL CASE DOUGLAS L. FRYER, Plaintiff, v. WARDEN, MARION CORRECTIONAL INSTITUTION, Defendant. : : : : : : : : : : : Case No. 2:22-cv-03455 Chief Judge Algenon L. Marbley Magistrate Judge Karen L. Litkovitz [] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. [] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. [X] Decision by Court. This action was decided by the Court without a trial or hearing. IT IS ORDERED AND ADJUDGED that pursuant to the February 7, 2024 Order, the Court ADOPTED the Report and Recommendation, DENIED with prejudice Petitioner’s Petition for Writ of Habeas Corpus and DECLINED to issue a certificate of appealability and CERTIFIED to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed. Date: February 7, 2024 Richard W. Nagel, Clerk s/Diane M. Stash Diane M. Stash/Deputy Clerk

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