Wilson v. Warden Madison Correctional Institution

Filing 34

ORDER ADOPTING 33 REPORT AND RECOMMENDATIONS : It is hereby ORDERED that the Petition be DISMISSED with prejudice. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United StatesCourt of Appea ls that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Timothy S. Black on 11/10/2015. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANTHONY L. WILSON,
Petitioner,
- vs -

:

Case No. 3:13-cv-217

:
:

District Judge Timothy S. Black
Magistrate Judge Michael R. Merz

:
WARDEN, London Correctional
Institution,
Respondent.

:
:

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate
Judge Michael R. Merz (ECF No. 33), 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, and for good cause shown upon the Court’s
de novo review, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that the Petition be DISMISSED with prejudice.
Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to
the United States Court of Appeals that an appeal would be objectively frivolous and therefore
should not be permitted to proceed in forma pauperis.
November 9, 2015.
s/ Timothy S. Black
Timothy S. Black
United States District Judge