Taylor v. Warden Marion Correctional Institution

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS - It is hereby ORDERED that the Petition be DISMISSED with prejudice. Petitioner is 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 10-11-2016. (de)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON GUDONAVON TAYLOR, Petitioner, - vs - : Case No. 3:16-cv-398 : : 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 Report and Recommendations of United States Magistrate Judge Michael R. Merz (ECF No. 5), 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 the Petition be DISMISSED with prejudice. Petitioner is 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. October 11, 2016. THOMAS M. ROSE Thomas M. Rose United States District Judge

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