Black v. Montgomery County Court of Common Pleas et al

Filing 17

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 8 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 11 ); OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. ## 9 , 12 , 13 AND 16 ); DIS MISSING PETITION FOR WRIT OF HABEAS CORPUS (DOC. # 7 ) WITH PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENTS AND AGAINST PETITIONER; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY- Accordingly, the C ourt DISMISSES the Petition Under 28 U.S.C. § 2254 forWrit of Habeas Corpus (Doc. # 7 ) WITH PREJUDICE. Given that Petitioner has not made a substantial showing of the denial of a constitutional aright and, further, that the Court's decisi on herein would not be debatable among reasonable jurists, and because any appeal from this court's decision would be objectively frivolous, Petitioner is denied a certificate of appealability, and is denied leave to appeal in forma pauperis. Ju dgment will be entered in favor of Respondents and against Petitioner. The captioned case is hereby ordered terminated upon the docket records of the United States District Court of the Southern District of Ohio, Western Division, at Dayton. Signed by Judge Walter H. Rice on 9/28/18. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)