Montgomery v. Warden, Warren Correctional Institution

Filing 13

DECISION AND ENTRY OVERRULING PETITIONER RODERICK T. MONTGOMERY'S OBJECTIONS (DOC. # 8 , 11 ) TO THE REPORT AND RECOMMENDATIONS (DOC. # 7 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 10 ) OF MAGISTRATE JUDGE MICHAEL R. MERZ; ADOPTING S AID REPORTS AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE IN FULL; DISMISSING WITH PREJUDICE MONTGOMERY'S PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (DOC. # 1 ); MONTGOMERY IS DENIED A CERTIFICATE OF APPEALABILITY; ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS AND SHOULD NOT BE PERMITTED TO PROCEED IN FORMA PAUPERIS; JUDGMENT SHALL ENTER IN FAVOR OF RESPONDENT WARDEN, WARREN CORRECTIONAL INSTITUTION AND AGAINST MONTGOMERY; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 12/29/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)