Gamble v. London Correctional Institution, Warden

Filing 13

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ (DOC. 3 ), OVERRULING PETITIONER'S OBJECTIONS TO THEMAGISTRATE'S PROPOSED FINDINGS AND RECOMMENDATIONS,(DOCS. 8 & 9 ), DENYING PETITION FOR WR IT OF HABEAS CORPUS, (DOC. 1 ), AND TERMINATING THE INSTANT CASE. Petitioner is be denied a certificate of appealability and theCourt certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Thomas M. Rose on 8/31/15. (ep)(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

Barton D. Gamble,
Petitioner,
Case No. 3:15-cv-233
Judge Thomas M. Rose

v.

London Correctional Institution, Warden,
Respondent.

DECISION
AND
ENTRY
ADOPTING
REPORT
AND
RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
MERZ (DOC. 3), OVERRULING PETITIONER=S OBJECTIONS TO THE
MAGISTRATE=S PROPOSED FINDINGS AND RECOMMENDATIONS,
(DOCS. 8 & 9), DENYING PETITION FOR WRIT OF HABEAS CORPUS,
(DOC. 1), AND TERMINATING THE INSTANT CASE.

Pending before the Court are Petitioner Barton D. Gamble=s Objections to the Magistrate=s
Proposed Report and Recommendations. (Docs. 8 & 9). The Report and Recommendations of
United States Magistrate Judge Michael R. Merz, (Doc. 3), recommends that the Court dismiss the
petition (Doc. 1) 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 Plaintiff=s
objections, (Docs. 8 & 9), to the Magistrate Judge=s Report and Recommendations, (Doc. 3), are
not well taken and they are hereby OVERRULED. Wherefore, the Court DISMISSES the
Petition (Doc. 1) WITH PREJUDICE. Because reasonable jurists would not disagree with the

Magistrate Judge’s recommendation, Petitioner is be 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. The Clerk is ORDERED to terminate the
instant case.
DONE and ORDERED this Monday, August 31, 2015.

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

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