Jacobs v. Warden, Marion Correctional Institution

Filing 33

ENTRY AND ORDER DENYING JACOBS' CONSOLIDATED MOTION TO REOPEN (Doc. 28 ) AND HIS AMENDED CONSOLIDATED MOTION TO REOPEN (Doc. 29 ); OVERRULING JACOBS' OBJECTIONS (Doc. 31 ) AND AMENDED OBJECTIONS (Doc. 32 ) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS REGARDING JACOBS' MOTIONS TO REOPEN; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 30 ) IN ITS ENTIRETY AND CERTIFYING THAT ANY APPEAL OF THIS ORDER IS NOT TAKEN IN GOOD FAITH. Signed by Judge Thomas M Rose on 11/20/12. (kje1) Modified on 11/20/2012 to correct text. (kje1).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
PHILLIP DOUGLAS JACOBS
Case No. C-3:11-cv-029
Petitioner,
Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

-vWARDEN, Marion Correctional
Institution

Respondent.
______________________________________________________________________________
ENTRY AND ORDER DENYING JACOBS’ CONSOLIDATED MOTION
TO REOPEN (Doc. #28) AND HIS AMENDED CONSOLIDATED
MOTION TO REOPEN (Doc. #29); OVERRULING JACOBS’
OBJECTIONS (Doc. #31) AND AMENDED OBJECTIONS (Doc. #32) TO
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS
REGARDING JACOBS’ MOTIONS TO REOPEN; ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS (Doc.
#30) IN ITS ENTIRETY AND CERTIFYING THAT ANY APPEAL OF
THIS ORDER IS NOT TAKEN IN GOOD FAITH
______________________________________________________________________________
This matter comes before the Court pursuant to pro se Petitioner Phillip Douglas Jacobs’
(“Jacobs’”) Objections (doc. #31) and Amended Objections (Doc. #32) to Magistrate Judge
Sharon L. Ovington’s Report and Recommendations (doc. #30) regarding Jacobs’ Motions To
Reopen. Previously in this case, the Court found Jacobs’ habeas corpus petition to be a second or
successive petition and entered judgment against Jacobs. Jacobs then turned to the Sixth Circuit
Court of Appeals to no avail.
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 Jacobs’ Consolidated Motion To Reopen (doc. #28) and his Amended Consolidated
Motion To Reopen (doc. #29) Motion To Alter or Amend are without merit and are thus

DENIED. Further, upon said review, Jacobs’ Objections (doc. #31) and Supplemental Objections
(doc. 332) to the Magistrate Judge’s Report and Recommendations regarding his Motions To
Reopen are not well-taken, and they are hereby OVERRULED. The Magistrate Judge’s Report
and Recommendations is adopted in its entirety.
Any appeal taken from this Entry and Order would not be taken in good faith. Finally, the
captioned cause shall remain 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 Twentieth Day of November, 2012.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATED DISTRICT JUDGE
Copies furnished to:
Counsel of Record
Phillip Douglas Jacobs at his last address of record

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