Simpson v. Warden Lebanon Correctional Institution
Filing
25
DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ 19 , OVERRULING PETITIONER'S OBJECTIONS 17 TO MAGISTRATE'S REPORT AND RECOMMENDATIONS, 16 , AND DISMISSING THE PETITION WITH PREJUDICE. 1 . Signed by Judge Thomas M. Rose on 6-14-2018. (de)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
Keron D. Simpson,
Petitioner,
Case No. 3:17-cv-298
Judge Thomas M. Rose
Magistrate Judge Michael R. Merz
v.
Warren Lebanon Correctional Institution,
Respondent.
DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND
RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
MERZ (ECF 19), OVERRULING PETITIONER=S OBJECTIONS (ECF 17)
TO MAGISTRATE=S REPORT AND RECOMMENDATIONS, (ECF 16),
AND DISMISSING THE PETITION WITH PREJUDICE. (ECF 1).
On March 9, 2018, Magistrate Judge Michael R. Merz filed a Report and Recommendation,
(ECF 16), suggesting that the Court dismiss Petitioner Keron D. Simpson’s Petition for a Writ of
Habeas Corpus. (ECF 1). On March 20, 2018, Petitioner filed Objection to the Magistrate=s
Report and Recommendations. (ECF 17).
The matter was recommitted to the Magistrate Judge
for further review. (ECF 18). On March 27, 2018, the Magistrate Judge issued a supplemental
report and recommendation, that reaches the same conclusion as before. (ECF 19). Petitioner
again objects. (ECF 22.)
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 both of Petitioner’s
objections. Upon said review, the Court finds that Plaintiff=s Objections, (ECF 17, 22), to the
Magistrate Judge=s Report and Recommendations, (ECF 16, 19), are not well taken and is hereby
OVERRULED. Wherefore, the Court ADOPTS IN FULL the Magistrate Judge=s Reports and
Recommendations. (ECF 16, 19).
The Petition is DISMISSED with prejudice.
Because
reasonable jurists would not disagree with this conclusion, Petitioner is denied a certificate of
appealability and the Court CERTIFIES to the Sixth Circuit that any appeal would be objectively
frivolous and therefore should not be permitted to proceed in forma pauperis.
DONE and ORDERED this Wednesday, June 13, 2018.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
2
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