Ealy v. Warden, Brian Cook et al

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendations: It is ORDERED that the Petition for Writ of Habeas Corpus be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner is D ENIED a 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 toproceed in forma pauperis. Signed by Judge Thomas M. Rose on 3/23/18. (ep)(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
LARRY E. EALY,
Petitioner,

:

Case No. 3:18-cv-63

-vsDistrict Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

WARDEN, Southeastern Correctional
Complex, et al.,
Respondents.

:

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate
Judge Michael R. Merz (ECF No. 3), to whom this case was referred pursuant to 28 U.S.C. '
636(b), and noting that no objections have been filed thereto, hereby ADOPTS said Report and
Recommendations.
Accordingly, it is ORDERED that the Petition for Writ of Habeas Corpus be dismissed
with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner is
DENIED a 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.
March 23, 2018.
s/Thomas M. Rose

Thomas M. Rose
United States District Judge
1