White v. Warden, Madison Correctional Institution

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS -The Court adopts Report and Recommendations 12 , Report and Recommendations 14 and Supplemental Report and Recommendations 18 . Accordingly, the Court rules: The Court has jurisdiction over this matter , as White's petition does not constitute a second or successive habeas corpus petition barred by 28 U.S.C. Section 2244; the Court DENIES White's Motion for Summary Judgment [Doc. 13], the Court DISMISSES WITH PREJUDICE Whites petition for habeas corpus relief 1 , White is denied a certificate of appealability, the Court CERTIFIES to the Sixth Circuit that any appeal would be objectively frivolous and therefore White should not be permitted to proceed in forma pauperis; and the Clerk is ORDERED to terminate this case on the docket of this Court. Signed by Judge Thomas M. Rose on 10-1-2015. (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
GREGORY G. WHITE,
Case No. 3:15-cv-092
Petitioner,
v.

Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

RHONDA RICHARDS, Warden,
Madison Correctional Institution,
Respondent.
______________________________________________________________________________
ORDER OVERRULING WHITE’S OBJECTIONS (DOC. 16) TO THE REPORTS
AND RECOMMENDATIONS ENTERED ON JULY 21, 2015 (DOC. 12) AND
JULY 22, 2015 (DOC. 14); OVERRULING WHITE’S OBJECTIONS (DOC. 19) TO
THE SUPPLEMENTAL REPORT AND RECOMMENDATIONS ENTERED
AUGUST 21, 2015 (DOC. 18); ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATIONS ENTERED JULY 21, 2015 (DOC. 12),
REPORT AND RECOMMENDATIONS ENTERED JULY 22, 2105 (DOC. 14),
AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS ENTERED
AUGUST 21, 2015 (DOC. 18) IN THEIR ENTIRETY;
AND TERMINATING THIS CASE
______________________________________________________________________________
This habeas corpus case is before the Court on the Objections (Docs. 16, 19) filed by
Petitioner Gregory G. White (“White”) to the Magistrate Judge’s Report and Recommendations
entered July 21, 2015 (Doc. 12), Report and Recommendations entered July 22, 2015 (Doc. 14),
and Supplemental Report and Recommendations entered August 21, 2015 (Doc. 18). The
Magistrate Judge has recommended that the Court exercise jurisdiction over this case and dismiss
White’s petition for relief pursuant to 28 U.S.C. § 2254 with prejudice.
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 White’s
Objections (Docs. 16, 19) to the Report and Recommendations entered July 21, 2015 (Doc. 12),

Report and Recommendations entered July 22, 2015 (Doc. 14), and Supplemental Report and
Recommendations entered August 21, 2015 (Doc. 18) are not well taken and they are hereby
OVERRULED. The Court ADOPTS in their entirety the Report and Recommendations entered
July 21, 2015 (Doc. 12), the Report and Recommendations entered July 22, 2015 (Doc. 14), and
the Supplemental Report and Recommendations entered August 21, 2015 (Doc. 18).
Accordingly, the Court rules as follows:


This Court has jurisdiction over this matter, as White’s petition does not
constitute a second or successive habeas corpus petition barred by 28 U.S.C. §
2244;



The Court DENIES White’s Motion for Summary Judgment (Doc. 13);



The Court DISMISSES WITH PREJUDICE White’s petition for habeas
corpus relief (Doc. 1);



Because reasonable jurists would not disagree with the Court’s decision, White
should be DENIED a certificate of appealability;



The Court CERTIFIES to the Sixth Circuit that any appeal would be
objectively frivolous and therefore White should not be permitted to proceed in
forma pauperis; and



The Clerk is ORDERED to terminate this case on the docket of this Court.

DONE and ORDERED in Dayton, Ohio, this Thursday, October 1, 2015.

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

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