Williams v. Warden Corrections Reception Center

Filing 4

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS 2 , OVERRULING PETITIONER'S OBJECTIONS TO MAGISTRATE'S REPORT AND RECOMMENDATIONS 3 , AND DISMISSING CASE PURSUANT TO RULE 4 OF THE RULES GOVERNING § 2254 CASES. THE CLERK IS TO TERMINATE THE INSTANT CASE. Signed by Judge Thomas M. Rose on 5-9-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

David A. Williams,
Petitioner,
Case No. 3:17-cv-132
Judge Thomas M. Rose

v.

Warden Corrections Reception Center,
Respondent.

DECISION
AND
ENTRY
ADOPTING
REPORT
AND
RECOMMENDATIONS, (ECF 2), OVERRULING PETITIONER=S
OBJECTIONS
TO
MAGISTRATE=S
REPORT
AND
RECOMMENDATIONS, (ECF 3), AND DISMISSING CASE PURSUANT
TO RULE 4 OF THE RULES GOVERNING § 2254 CASES. THE CLERK
IS TO TERMINATE THE INSTANT CASE.

On September 19, 2017, Petitioner David A. Williams filed a Petition for Writ of Habeas
Corpus challenging the determination of his sentence. (ECF 1.) Magistrate Judge Michael M.
Merz performed an initial review pursuant to Rule 4 of the Rules Governing § 2254 Cases
determining from the petition and attached exhibits that Petitioner is not entitled to relief in the
district court. (ECF 2.) On May 1, 2017, Petitioner filed an objection. (ECF 3.)
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, taking into consideration Petitioner’s objections.
Upon said review, the Court finds that Plaintiff=s objections, (ECF 3), to Report and
Recommendations, (ECF 2), are not well taken and they are hereby OVERRULED. Wherefore,

the Court ADOPTS IN FULL the Magistrate Judge=s Report and Recommendations. (ECF 2.)
Pursuant to Rule 4 of the Rules Governing § 2254 Cases, the petition is DISMISSED. Because
the resolution of the petition would not be debatable among reasonable jurists, Petitioner is NOT
GRANTED A CERTIFICATE OF APPEALABILITY to proceed on appeal in forma pauperis
before the United States Court of Appeals for the Sixth Circuit. The clerk is ORDERED to
TERMINATE the instant case.
DONE and ORDERED this Tuesday, May 9, 2017.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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