Summers v. Warden Chillicothe Correctional Institution

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 19 - The Petition 1 is DISMISSED WITH PREJUDICE, Summers is DENIED a certificate of appealability, 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; and the Clerk is ordered to TERMINATE this case on the docket. Signed by Judge Thomas M. Rose on 4-11-2017. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CHRISTOPHER A. SUMMERS,
Petitioner,
- vs CHARLOTTE JENKINS, Warden,
Chillicothe Correctional Institution,
Respondent.

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Case No. 3:16-cv-387
Judge Thomas M. Rose

ENTRY AND ORDER OVERRULING OBJECTIONS (DOCS. 17, 20);
ADOPTING REPORT AND RECOMMENDATIONS (DOC. 16) AND
SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. 19); AND
DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. § 2254 FOR
WRIT OF HABEAS CORPUS (DOC. 1)
This case is before the Court on the Objections (Docs. 17, 20) filed by Petitioner
Christopher A. Summers (“Summers”) to the Report and Recommendations (“Report”) (Doc.
16) and Supplemental Report and Recommendations (“Supplemental Report”) (Doc. 19). In the
Report and Supplemental Report, Magistrate Judge Michael R. Merz concluded that Summers’s
Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus (the “Petition”) (Doc. 1) does not
entitle him to any relief. The Magistrate Judge therefore recommended that this Court dismiss
the Petition 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 the
Objections (Docs. 17, 20) to the Report (Doc. 16) and Supplemental Report (Doc. 19) are not
well taken and they are hereby OVERRULED. The Court ADOPTS the Report (Doc. 16) and
Supplemental Report (Doc. 19) in their entirety and rules as follows:
1.

The Petition (Doc. 1) is DISMISSED WITH PREJUDICE;

2.

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

DENIED a certificate of appealability;
3.

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; and

4.

The Clerk is ordered to TERMINATE this case on the docket of this Court.

DONE and ORDERED in Dayton, Ohio, this Tuesday, April 11, 2017.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE