Simpson v. Warden, Lebanon Correctional Facility
Filing
27
DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ 21 , OVERRULING PETITIONER'S OBJECTIONS 19 [24) TO MAGISTRATE'S REPORT AND RECOMMENDATIONS, 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-299
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 21), OVERRULING PETITIONER=S OBJECTIONS (ECF 19,
24) TO MAGISTRATE=S REPORT AND RECOMMENDATIONS, AND
DISMISSING THE PETITION WITH PREJUDICE. (ECF 1).
On March 13, 2018, Magistrate Judge Michael R. Merz filed a Report and
Recommendation, (ECF 18), 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 19). The matter was recommitted to the
Magistrate Judge for further review. (ECF 20). On March 28, 2018, the Magistrate Judge issued
a supplemental report and recommendation, that reaches the same conclusion as before. (ECF 21).
Petitioner again objects. (ECF 24).
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 19, 24), to the
Magistrate Judge=s Report and Recommendations, (ECF 18, 21), are not well taken and is hereby
OVERRULED. Wherefore, the Court ADOPTS IN FULL the Magistrate Judge=s Reports and
Recommendations. (ECF 18, 21).
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
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