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.)

**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.

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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