Opinion
Case No. 3:13-cv-129
2013-10-21
CHARLES CUNNINGHAM, Petitioner, v. WARDEN, LEBANON CORRECTIONAL INSTITUTION, Respondent.
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz
ORDER ADOPTING REPORT AND RECOMMENDATIONS
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #8), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
It is hereby ORDERED that the Petition is DISMISSED with prejudice. Petitioner is also 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.
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Walter Herbert Rice
United States District Judge