Gamble v. London Correctional Institution, Warden

Filing 18

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ 3 AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS 15 OVERRULING PETITIONER'S OBJECTIONS TO THE MAGISTRATE'S FINDINGS ANDRECOMMENDATIONS 11 , AND P ETITIONER'S RESPONSE TO THE MAGISTRATE'S RECOMMENDATIONS 17 DENYING PETITION FOR WRIT OF HABEAS CORPUS 1 , ANDTERMINATING THE INSTANT CASE. Signed by Judge Thomas M. Rose on 1-19-2016. (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

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

v.

Terry Tibbals, Warden, London Correctional
Institution,
Respondent.

DECISION
AND
ENTRY
ADOPTING
REPORT
AND
RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
MERZ,
(DOC.
3),
AND
SUPPLEMENTAL
REPORT
AND
RECOMMENDATIONS, (DOC. 15), OVERRULING PETITIONER=S
OBJECTIONS
TO
THE
MAGISTRATE=S
FINDINGS
AND
RECOMMENDATIONS, (DOC. 11), AND PETITIONER’S RESPONSE TO
THE MAGISTRATE’S RECOMMENDATIONS, (DOC. 17), DENYING
PETITION FOR WRIT OF HABEAS CORPUS, (DOC. 1), AND
TERMINATING THE INSTANT CASE.

Pending before the Court are Petitioner Justin D. Thomas=s Objections to the Magistrate=s
Proposed Report and Recommendations. (Doc. 11) and Petitioner’s Response to the Magistrate’s
Recommendations. (Doc. 17.) 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 and deny a certificate of appealability.

The Supplemental Report and

Recommendations (doc. 15) addresses the alleged shortcomings of the Report and
Recommendations identified in Petitioner’s Objections to the Proposed Report and
Recommendations. (Doc. 11.)

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. 11, 17), to the Magistrate Judge=s Report and Recommendations, (Doc. 3, 15),
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 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 Tuesday, January 19, 2016.

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

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