Moore v. Warden, Lebanon Correctional Institution

Filing 8

ENTRY AND ORDER OVERRULING OBJECTIONS 4 7 , ADOPTING REPORT AND RECOMMENDATIONS 3 AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS 6 ,AND DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. Section 2254 FOR WRIT OF HABEAS CORPUS 1 and TERMINATING THIS CASE ON THE DOCKET OF THIS COURT. Signed by Judge Thomas M. Rose on 3-29-2017. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JERMAINE MOORE,
Petitioner,
- vs TOM SCHWEITZER, Warden,
Lebanon Correctional Institution,
Respondent.

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Case No. 3:17-cv-22
Judge Thomas M. Rose

ENTRY AND ORDER OVERRULING OBJECTIONS (DOCS. 4, 7),
ADOPTING REPORT AND RECOMMENDATIONS (DOC. 3) AND
SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. 6),
AND DISMISSING WITH PREJUDICE PETITION UNDER 28 U.S.C. § 2254
FOR WRIT OF HABEAS CORPUS (DOC. 1)
This habeas corpus case is before the Court on the Objections (Docs. 4, 7) filed by
Petitioner Jermaine Moore (“Moore”) 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 concluded, on initial review
pursuant to Rule 4 of the Rules Governing § 2254 Cases, that Moore’s Petition under 28 U.S.C.
§ 2254 for Writ of Habeas Corpus (“Petition”) (Doc. 1) plainly does not entitle him to 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
Moore’s Objections (Docs. 4, 7) to the Report (Doc. 3) and 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:
1.

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

2.

As reasonable jurists would not disagree with this conclusion, Moore 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.

This case shall be terminated on the Court’s docket.

DONE and ORDERED in Dayton, Ohio, this Wednesday, March 29, 2017.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE