Easterling v. Second District Court of Appeals, Greene County

Filing 25

DECISION AND ENTRY: (1) ADOPTING THE REPORTS AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Docs. 19 , 23 ); (2) OVERRULING PETITIONER'S OBJECTIONS (Docs. 21 , 24 ); AND (3) DENYING PETITIONER PAUPER STAUTUS ON APPEAL AND CERITIFYING THAT APPEAL WOULD BE OBJECTIVELY FRIVOLOUS. Signed by Judge Timothy S. Black on 10/18/2013. (mr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
WARREN EASTERLING,
Petitioner,
vs.
SECOND DISTRICT COURT OF APPEALS,
Respondent.

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Case No. 3:13-cv-106
Judge Timothy S. Black
Magistrate Judge Michael R. Merz

DECISION AND ENTRY: (1) ADOPTING THE REPORTS AND RECOMMENDATIONS
OF THE MAGISTRATE JUDGE (Docs. 19, 23); (2) OVERRULING PETITIONER’S
OBJECTIONS (Docs. 21, 24); AND (3) DENYING PETITIONER PAUPER STAUTUS ON
APPEAL AND CERITIFYING THAT APPEAL WOULD BE OBJECTIVELY FRIVOLOUS
This civil case is before the Court on the Reports and Recommendations of United States
Magistrate Judge Michael R. Merz. (Doc. 19, 23). The Magistrate Judge recommends that Petitioner
be denied pauper status on appeal and that the Court certify that an appeal would be objectively
frivolous. (Id.) Petitioner filed Objections to the Magistrate Judge’s recommendations. (Docs. 21,
24). The issues are now ripe for decision by the Court.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the
comprehensive findings of the Magistrate Judge in his Report and Recommendations de novo. Upon
review of the issues presented, the Court: (1) ADOPTS the Reports and Recommendations of the
Magistrate Judge in their entirety (Docs. 19, 21); (2) OVERRULES Petitioner’s Objections (Docs.
21, 24); and (3) DENIES Petitioner pauper status on appeal and CERTIFIES than an appeal would
be objectively frivolous.
IT IS SO ORDERED.

Date: 10/18/13

/s/ Timothy S. Black
Timothy S. Black
United States District Judge