Boles v. Warden Mansfield Correctional Institution

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge Thomas M. Rose on 6-5-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON SHAWN BOLES, : Petitioner, Case No. 3:17-cv-137 - vs - District Judge Thomas M. Rose Magistrate Judge Michael R. Merz WARDEN, Mansfield 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. 7), 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 as barred by the statute of limitations. 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. June 5, 2017 */Thomas M. Rose Thomas M. Rose United States District Judge

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