Galluzzo v. State of Ohio, et al. et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Motion for Reconsideration filed by Michael A Galluzzo, and 23 Report and Recommendations. It is hereby ORDERED that Petitioner's Motion for Reconsideration be DENIED. Petitioner is DENIED a certificate of appealability and the Court herebycertifies 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 3-6-2018. (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
MICHAEL A. GALLUZZO,

:

Petitioner,

Case No. 3:17-cv-218

- vs -

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

STATE OF OHIO, et al.,
Respondents.

:

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate Judge
Michael R. Merz (ECF No. 23), 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 Petitioner's Motion for Reconsideration (ECF
No. 22) be DENIED. Petitioner is DENIED a 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.

March 6_, 2018.

*s/Thomas M. Rose
Thomas M. Rose
United States District Judge