Ward v. Warden, Ross Correctional Institution

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS - 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 beobjectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Thomas M. Rose on 10-25-2017. (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
DEVINE D. WARD,

:
Petitioner,

Case No. 3:17-cv-301

- vs -

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

WARDEN, Ross Correctional Institution,
Respondent.

:

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate
Judge Michael R. Merz (ECF No. 4), to whom this case was referred pursuant to 28 U.S.C. '
636(b), and noting a request for extension of time to file objections was granted in part and no
objections were filed thereafter, 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.

October 25, 2017.

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