Opinion
Case No. 3:04cv138.
March 8, 2006
Based upon the reasoning and citations of authority set forth in the Report and Recommendations of the United States Magistrate Judge (Doc. #11), as well as upon a thorough de novo review of this Court's file and the applicable law, said Report and Recommendations are adopted in their entirety. The Petitioner's Objections to said judicial filing (Doc. #12) are overruled. In addition, this Court adopts the reasoning and conclusions set forth by the Magistrate Judge in overruling Petitioner's Motion to Compel (Doc. #13), Order Striking Supplement to Traverse (Doc. #19) and Order Denying Motion to Produce and Submit Documents on Behalf of Traverse (Doc. #19). The Petitioner's Motion to Reconsider (Doc. #15) the decision of the Magistrate Judge (Doc. #14) overruling Petitioner's Motion to Compel (Doc. #13) is denied.
Judgment will be ordered entered in favor of the Respondent and against Petitioner herein, dismissing the Petitioner's Petition for Writ of Habeas Corpus, as procedurally defaulted (first and fourth claims for relief) and upon the merits (second and third claims for relief).
Given that this Court's conclusions herein would not be debatable among reasonable jurists and, further, given that Petitioner has failed to establish a denial of a constitutional right, this Court denies Petitioner a Certificate of Appealability and any anticipated requests for leave to appeal in forma pauperis.
The captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.