Opinion
Case No. 3:15-cv-351
12-01-2015
LANCE EALY, Petitioner, v. THE HONORABLE MICHAEL R. BARRETT, United States District Judge, et al., Respondent.
Magistrate Judge Michael R. Merz
ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 7); ADOPTING REPORT AND RECOMMENDATIONS (DOC. 6) IN THEIR ENTIRETY; AND TERMINATING THIS CASE
This habeas corpus case is before the Court on the Objections (Doc. 7) filed by Petitioner Lance Ealy ("Ealy") to the Report and Recommendations (Doc. 6), in which Magistrate Judge Michael R. Merz recommended that the Court dismiss Ealy's Petition for Habeas Corpus (Doc. 5) with prejudice.
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that Ealy's Objections (Doc. 7) to the Report and Recommendations (Doc. 6) are not well taken and they are hereby OVERRULED. The Court ADOPTS the Report and Recommendations (Doc. 6) in their entirety and rules as follows:
• The Court DISMISSES the Petition for Writ of Habeas Corpus (Doc. 5) with prejudice;
• The Court CERTIFIES to the Sixth Circuit that any appeal would be objectively frivolous and therefore Ealy should not be permitted to proceed in forma pauperis; and
• The Clerk is ORDERED to terminate this case on the docket of this Court.
DONE and ORDERED in Dayton, Ohio, this Tuesday, December 1, 2015.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE