McDonald v. Warden, London Correctional Institute

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS -The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz 11 , to whom this case was referred pursuant to 28 U.S.C. Section 636(b), and noting that no objection s have been filed and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired on June 19, 2015, hereby ADOPTS said Report and Recommendations. It is ORDERED that the Petition be dismissed with prejudice. Petitioner is denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis.Motion to Dismiss 6 is terminated. Signed by Judge Thomas M. Rose on 6-24-2015. (de)(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
NEAL E. McDONALD,
Petitioner,

:

- vs -

Case No. 3:15-cv-031
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

TERRY A. TIBBALS, 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 (Doc. No. 11), 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) expired on June 19, 2015, hereby ADOPTS said Report
and Recommendations.
It is therefore ORDERED that the Petition herein be dismissed with prejudice.
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 should not be permitted to proceed in forma pauperis.
June 24, 2015

*s/Thomas M. Rose

_____________________________
Thomas M. Rose
United States District Judge
1