Farmer v. Warden, Marion Correctional Institution

Filing 8

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 6 -The Court DISMISSES the Petition for Writ of Habeas Corpus 2 with prejudice, as reasonable jurists would not disagree with this conclusion, Farmer is DENIED a certificate of appealability, the Court further CERTIFIES to the Sixth Circuit that any appeal would be objectively frivolous and therefore Farmer 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 12-22-2015. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 12/22/2015 (de).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DAVID A. FARMER,
Case No. 3:15-cv-389
Petitioner,
v.

Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

JASON BUNTING, Warden,
Marion Correctional Institution,
Respondent.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING OBJECTIONS (DOCS. 4, 7);
ADOPTING REPORT AND RECOMMENDATIONS (DOC. 3) AND
SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. 6); AND
TERMINATING THIS CASE
______________________________________________________________________________
This habeas corpus case is before the Court on the Objections (Docs. 4, 7) filed by
Petitioner David A. Farmer (“Farmer”) to the Report and Recommendations (“Report”) (Doc. 3)
and Supplemental Report and Recommendations (“Supplemental Report”) (Doc. 6). In both the
Report and Supplemental Report, Magistrate Judge Michael R. Merz recommended that the Court
dismiss Farmer’s Petition for Habeas Corpus (Doc. 2) 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 Farmer’s
Objections (Doc. 4) to the Report (Doc. 3) and Objections (Doc. 7) to the Supplemental Report
(Doc. 6) are not well taken and they are hereby OVERRULED. The Court ADOPTS the Report
(Doc. 3) and Supplemental Report (Doc. 6) in their entirety and rules as follows:


The Court DISMISSES the Petition for Writ of Habeas Corpus (Doc. 2) with
prejudice;



As reasonable jurists would not disagree with this conclusion, Farmer is

DENIED a certificate of appealability;


The Court further CERTIFIES to the Sixth Circuit that any appeal would be
objectively frivolous and therefore Farmer 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 Tuesday, December 22, 2015.

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

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