Boles v. Warden Mansfield Correctional Institution
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.)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
Case No. 3:17-cv-137
- vs -
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz
WARDEN, Mansfield Correctional Institution,
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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