Jamison v. Warden Chillicothe Correctional Institution

Filing 35

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. # 28 ) IN THEIR ENTIRETY; OVERRULING PETITIONER'S OBJECTION THERETO (DOC. # 32 ); OVERRULING PETITIONER'S MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS (DOC. # 26 ) AND PETITIONER'S REQUEST FOR ANEXTENSION OF TIME TO APPEAL (DOC. # 27 ). Signed by Judge Walter H Rice on 4/10/2012. (mdf1)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

BRIAN A. JAMISON,
Petitioner,
Case No. 3:09-cv-297
vs.
JUDGE WALTER HERBERT RICE
WARDEN, CHILLICOTHE
CORRECTIONAL INSTITUTION,
Respondent

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS
OF UNITED STATES MAGISTRATE JUDGE (DOC. #28) IN THEIR
ENTIRETY; OVERRULING PETITIONER'S OBJECTION THERETO (DOC.
#32); OVERRULING PETITIONER'S MOTION FOR LEAVE TO APPEAL IN
FORMA PAUPERIS (DOC. #26) AND PETITIONER'S REQUEST FOR AN
EXTENSION OF TIME TO APPEAL (DOC. #27)

Based on the reasoning and citations of authority set forth in the Report and
Recommendations of the United States Magistrate Judge, filed February 29, 2012
(Doc. #28), as well as on a thorough de novo review of this Court's file and the
applicable law, said judicial filing is adopted in its entirety. Petitioner's objection to
the Report and Recommendations (Doc. #32) is overruled.
Given that any appeal from this Court's opinion would be objectively
frivolous, Petitioner's motion for leave to appeal in forma pauperis (Doc. #26) is
overruled, as is his "Belated Notice of Appeal,

#I

(Doc. #27) which the Court has

construed as a request for an extension of time to appeal.

Date: April 10, 2012
WALTER HERBERT RICE
UNITED STATES DISTRICT JUDGE

Copies to: Petitioner
Counsel for Respondent
Sixth Circuit Case Manager

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