Huber, Jr v. Warden, Chilicothe Correctional Institution

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz 43 , to whom this case was referred pursuant to 28 U.S.C. Section 636(b), andnoting that no objection s 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. It is hereby ORDERED that Petitioner's Motion for Leave to Appeal in forma pauperis and for a Certificate of Appealability 41 is DENIED. Signed by Judge Thomas M Rose on 3-25-2014. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JOSEPH W. HUBER, JR.,
Petitioner,

:

WARDEN, Chillicothe Correctional
Institution,

Case No. 3:11-cv-008

:

- vs -

:

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

:
:

Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate Judge
Michael R. Merz (Doc. #43), 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.
It is hereby ORDERED that Petitioner’s Motion for Leave to Appeal in forma pauperis
and for a Certificate of Appealability (Doc. No. 41) is DENIED.
March 25, 2014

*s/Thomas M. Rose

Thomas M. Rose
United States District Judge