Kline v. Marion Correctional Institution, Warden

Filing 9

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ 7 , AND OVERRULING PETITIONER'S OBJECTIONS TOREPORT AND RECOMMENDATIONS 8 , AND OVERRULING MOTION TO RE-OPEN CASE 6 . Signed by Judge Thomas M. Rose on 9-26-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

Troy Kline,
Petitioner,
Case No. 3:14-cv-250
Judge Thomas M. Rose
Magistrate Judge Michael M. Merz

v.

Jason Bunting, Warden, Marion Correctional
Institution,
Respondent.

DECISION
AND
ENTRY
ADOPTING
REPORT
AND
RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
MERZ (DOC. 7), AND OVERRULING PETITIONER=S OBJECTIONS TO
REPORT AND RECOMMENDATIONS (DOC. 8), AND MOTION TO
RE-OPEN CASE (DOC. 6).

Pending before the Court are Petitioner’s Motion to Re-Open Case, (Doc. 6) Report and
Recommendations (Doc. 7), and Objection to Magistrate’s Report and Recommendations. (Doc.
8). Magistrate Judge Michael R. Merz’s Report and Recommendations (Doc. 7), recommends
denying Petitioner’s Motion to Re-open Case, (Doc. 6), and denying permission to proceed in
forma pauperis.
As required by 28 U.S.C. ' 636(b) and Federal Rule of Civil Procedure 72(b), the Court has
made a de novo review of the record in this case. Upon said review, the Court finds that
Petitioner=s objection, (Doc. 8), to the Magistrate Judge=s Report and Recommendations, (Doc. 7),
is not well taken and is hereby OVERRULED.

The Magistrate Judge=s Report and

Recommendations, (Doc. 7), is ADOPTED. Wherefore, the Court OVERRULES the Motion.

(Doc. 6). Because reasonable jurists would not disagree with this conclusion, Petitioner is denied
a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be
objectively frivolous and therefore Petitioner should not be permitted to proceed in forma
pauperis. The instant case remains closed.
DONE and ORDERED this Tuesday, September 26, 2017.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

2