Cox v. Warden Chillicothe Correctional Institution

Filing 19

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court DISMISSES the Petition for Writ of Habeas Corpus 1 with prejudice, as reasonable jurists would not disagree with this conclusion, Petitioner is DENIED a certificate of appealability, t he Court further CERTIFIES to the Sixth Circuit that any appeal would be objectively frivolous and therefore Petitioner 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 2-10-2016. (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
VERNON LEE COX, JR.,
Petitioner,

Case No. 3:15-cv-098
Judge Thomas M. Rose

v.
CHARLOTTE JENKINS, Warden,
Chillicothe Correctional Institution,
Respondent.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING OBJECTIONS (DOCS. 13, 18);
ADOPTING REPORT AND RECOMMENDATIONS (DOC. 11) AND
SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. 15); AND
TERMINATING CASE
______________________________________________________________________________
This habeas corpus case is before the Court on the Objections (Docs. 13, 18) filed by
Petitioner Vernon Lee Cox, Jr. (“Petitioner”) to the Report and Recommendations (“Report”)
(Doc. 11) and Supplemental Report and Recommendations (“Supplemental Report”) (Doc. 15).
In both the Report and Supplemental Report, Magistrate Judge Michael R. Merz recommended
that the Petition for Writ of Habeas Corpus (Doc. 1) be dismissed 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
Petitioner’s Objections (Doc. 13) to the Report (Doc. 11) and Objections (Doc. 18) to the
Supplemental Report (Doc. 15) are not well taken and they are hereby OVERRULED. The
Court ADOPTS the Report (Doc. 11) and Supplemental Report (Doc. 15) in their entirety and
rules as follows:


The Court DISMISSES the Petition for Writ of Habeas Corpus (Doc. 1)
with prejudice;



As reasonable jurists would not disagree with this conclusion, Petitioner
is DENIED a certificate of appealability;



The Court further CERTIFIES to the Sixth Circuit that any appeal
would be objectively frivolous and therefore Petitioner 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 Wednesday, February 10, 2016.

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

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