Owensby v. Warden, Pickaway Correctional Institution

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS 22 It is ordered that Petitioner's Motion for Relief from Judgment filed December 15, 2016 15 be DENIED. Petitioner is also DENIED a certificate of appealability and the Court hereby certifies to th e 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 6-25-2018. (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
LASHON OWENSBY,
Petitioner,
- vs -

:

Case No. 3:16-cv-282

:
:

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

:
WARDEN, Pickaway Correctional
Institution,

:

Respondent.

:

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate Judge
Michael R. Merz (ECF No. 22), 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 ordered that Petitioner’s Motion for Relief from Judgment filed December
15, 2016 (ECF No. 15) be DENIED. Petitioner is also DENIED a 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.

June 25, 2018

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