Kuck v. Robinson

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Supplemental Report and Recommendations and 25 Report and Recommendations. It is ORDERED that the Petition herein be dismissed with prejudice. The Clerk shall enter judgment accordingly. Signed by Judge Thomas M. Rose on 2-14-2019. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
KLINT KUCK,
Petitioner,

:

- vs -

Case No. 3:18-cv-157
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

NORM ROBINSON, Warden,
Lebanon Correctional Institution
:
Respondent.

ORDER ADOPTING REPORTS AND RECOMMENDATIONS

The Court has reviewed the Supplemental Report and Recommendations of United States
Magistrate Judge Michael R. Merz (ECF No. 25), to whom this case was referred pursuant to 28
U.S.C. § 636(b), and noting that no objections have been filed, and that the time for filing such
objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Supplemental Report
and Recommendations.
Accordingly, it is hereby ORDERED that the Petition herein be DISMISSED WITH
PREJUDICE. The Clerk shall enter judgment accordingly. Because reasonable jurists would not
disagree with that disposition, 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.
February 14, 2019

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