Farmer v. Warden, Marion Correctional Institution

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 and 20 -It is hereby ORDERED that Petitioner's Motion to Alter or Amend the Judgment 9 and Petitioner's Motion for Removal of Magistrate Judge 19 are DENIED. Petitioner is also DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Thomas M. Rose on 3-18-2016. (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
DAVID A. FARMER,
Petitioner,
- vs -

:

Case No. 3:15-cv-389

:
:

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

:
WARDEN, Marion Correctional
Institution,
Respondent.

:
:

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the pending Report and Recommendations of United States
Magistrate Judge Michael R. Merz (ECF Nos. 15 and 20), 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) has expired, hereby ADOPTS said Report and
Recommendations.
Accordingly, it is hereby ORDERED that Petitioner's Motion to Alter or Amend the
Judgment (ECF No. 9) and Petitioner’s Motion for Removal of Magistrate Judge (ECF No. 19)
are DENIED. Petitioner is also DENIED any requested certificate of appealability and the Court
hereby certifies to the United States Court of Appeals that an appeal would be objectively
frivolous and therefore should not be permitted to proceed in forma pauperis.

March 18, 2016.

s/Thomas M. Rose
Thomas M. Rose
United States District Judge