Artz v. Turner

Filing 18

ENTRY AND ORDER OVERRULING OBJECTIONS 13 16 ADOPTING REPORT AND RECOMMENDATIONS 12 AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS 15 ,DISMISSING WITH PREJUDICE PETITION FOR WRIT OF HABEAS CORPUS 1 AND TERMINATING CASE. Signed by Judge Thomas M. Rose on 11-14-2017. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
GREG M. ARTZ,

:
Case No. 3:17-cv-231
:
Petitioner,
:
Judge Thomas M. Rose
:
v.
:
:
NEIL TURNER, Warden,
:
North Central Correctional Institution,
:
:
Respondent.
:
______________________________________________________________________________
ENTRY AND ORDER OVERRULING OBJECTIONS (DOCS. 13, 16),
ADOPTING REPORT AND RECOMMENDATIONS (DOC. 12) AND
SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. 15),
DISMISSING WITH PREJUDICE PETITION FOR WRIT OF HABEAS
CORPUS (DOC. 1), AND TERMINATING CASE
______________________________________________________________________________
This case is before the Court on the Objections (Docs. 13, 16) filed by Petitioner
Greg M. Artz (“Artz”) to the Magistrate Judge’s Report and Recommendations
(“Report”) (Doc. 12) and Supplemental Report and Recommendations (Doc. 15),
respectively. In the Report and Supplemental Report, Magistrate Judge Michael R. Merz
determined that Artz’s Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus
(“Petition”) (Doc. 1) should be dismissed with prejudice as barred by the statute of
limitations and due to Artz’s procedural default.
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 Artz’s Objections (Docs. 13, 16) to the Report (Doc. 12) and Supplemental

Report (Doc. 15), respectively, are not well-taken and they are hereby OVERRULED.
The Court ADOPTS the Report (Doc. 12) and Supplemental Report (Doc. 16) in their
entirety and DISMISSES WITH PREJUDICE the Petition (Doc. 1). Because reasonable
jurists would not disagree with this conclusion, the Court denies any requested
certificate of appealability and certifies to the United States Court of Appeals for the
Sixth Circuit that any appeal would be objectively frivolous and should not be
permitted to proceed in forma pauperis. The Clerk shall TERMINATE this case on the
Court’s docket.
DONE and ORDERED in Dayton, Ohio, this Tuesday, November 14, 2017.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

2