Clayton v. Warden Corrections Medical Center

Filing 17

ENTRY AND ORDER OVERRULING CLAYTON'S OBJECTIONS (Doc. 16 ) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 12 ) IN ITS ENTIRETY; DISMISSING CLAYTON'S PETITION FOR A WRIT OF HABEAS CORPUS WITH PREJUDICE; DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY; DENYING IN FORMA PAUPERIS STATUS ON APPEAL; AND TERMINATING THIS CASE. Signed by Judge Thomas M Rose on 6/13/13. (kje1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
STEVEN L. CLAYTON
Case No. C-3:11-cv-266
Petitioner,
Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

-vWARDEN, Corrections Medical
Center

Respondent.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING CLAYTON’S OBJECTIONS (Doc.
#16) TO THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATIONS (Doc. #12) IN ITS ENTIRETY;
DISMISSING CLAYTON’S PETITION FOR A WRIT OF HABEAS
CORPUS WITH PREJUDICE; DENYING ANY REQUESTED
CERTIFICATE OF APPEALABILITY; DENYING IN FORMA PAUPERIS
STATUS ON APPEAL; AND TERMINATING THIS CASE
______________________________________________________________________________
This matter comes before the Court pursuant to pro se Petitioner Steven L. Clayton’s
(“Clayton’s”) Objections (doc. #16) to Magistrate Judge Michael R. Newman’s Report and
Recommendations (doc. #5). Magistrate Judge Newman’s Report and Recommendations
recommends that Clayton’s Petition for a Writ of Habeas Corpus be dismissed with prejudice
and that Clayton be denied a certificate of appealability and in forma pauperis status on appeal
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 Clayton’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 in its entirety.

Further, because reasonable jurists would not disagree with this conclusion and an appeal
would not be taken in objective good faith, Clayton is denied any requested certificate of
appealability and in forma pauperis status on appeal. 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 13th Day of June, 2013.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATED DISTRICT JUDGE
Copies furnished to:
Counsel of Record
Steven L. Clayton at his last address of record

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