Pierce v. Warden, Ross County Correctional Institution

Filing 20

ENTRY AND ORDER OVERRULING PIERCES OBJECTIONS (Doc. # 17 ) TO THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS; OVERRULING THE WARDEN'S OBJECTIONS (Doc. # 16 ) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATE JU DGE'S REPORT AND RECOMMENDATIONS (Doc. # 14 ) DENYING PIERCE'S PETITION FOR A WRIT OF HABEAS CORPUS; DENYING PIERCE LEAVE TO APPEAL IN FORMA PAUPERIS AND DENYING PIERCE A CERTIFICATE OF APPEALABILITY AND TERMINATING THIS CASE. Signed by Judge Thomas M Rose on 03/05/2013. (pb1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JAMES PIERCE
Case No. C-3:10-cv-132
Petitioner,
Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

-vWARDEN, Ross County
Correctional Institution

Respondent.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING PIERCE’S OBJECTIONS (Doc.
#17) TO THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS; OVERRULING THE WARDEN’S OBJECTIONS
(Doc. #16) TO THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATIONS (Doc. #14) DENYING PIERCE’S
PETITION FOR A WRIT OF HABEAS CORPUS; DENYING PIERCE
LEAVE TO APPEAL IN FORMA PAUPERIS AND DENYING PIERCE A
CERTIFICATE OF APPEALABILITY AND TERMINATING THIS CASE
______________________________________________________________________________
This matter comes before the Court pursuant to pro se Petitioner James Pierce’s
(“Pierce’s”) Objections (doc. #17) to Chief Magistrate Judge Sharon L. Ovington’s Report and
Recommendations (doc. #14) and the Warden’s Objections (doc. #16) to Chief Magistrate Judge
Ovington’s Report and Recommendations (doc. #14). Upon review, the Magistrate Judge
recommends that Pierce’s Petition for a Writ of Habeas Corpus be denied, that Pierce be denied
leave to appeal in forma pauperis and that Pierce be denied a certificate of appealability.
Both Pierce and the Warden objected to the Magistrate Judge’s Report and
Recommendations. The time has run and neither Pierce nor the Warden have responded to the
other’s Objections. Therefore, Pierce’s Objections and the Warden’s Objections are both ripe for
decision.

As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the
District Judge has made a de novo review of the record in this case. Upon said review, the Court
finds that Pierce’s Objections to the Magistrate Judge’s Report and Recommendations and the
Warden’s Objections to the Magistrate Judge’s Report and Recommendations are not well-taken,
and they are hereby OVERRULED. The Magistrate Judge’s Report and Recommendations is
adopted with one exception. The “January 2, 2003" date on page 19 of the Report and
Recommendations should be “January 2, 2007.”
Pierce’s Petition for a Writ of Habeas Corpus is DENIED. Further, Pierce is denied leave
to appeal in forma pauperis and a certificate of appealability. Finally, the captioned cause is
hereby ordered terminated upon the docket records of the United States District Court for the
Southern District of Ohio, Western Division, at Dayton.
DONE and ORDERED in Dayton, Ohio, this 5th day of March, 2013.
s/Thomas M. Rose
______________________________
THOMAS M. ROSE
UNITED STATED DISTRICT JUDGE
Copies furnished to:
Counsel of Record
James Pierce at his last address of record

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