Opinion
Case No. 3:14-cv-443
08-06-2015
ADAM EGGERS, Petitioner, v. WARDEN, Lebanon Correctional Institution, Respondent.
Magistrate Judge Michael R. Merz
ORDER OVERRULING EGGERS' OBJECTIONS (DOC. 16) TO THE REPORT AND RECOMMENDATIONS; OVERRULING EGGERS' OBJECTIONS (DOC. 19) TO THE SUPPLEMENTAL REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. 15) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. 18) IN THEIR ENTIRETY; AND TERMINATING THIS CASE
This matter is before the Court on the Objections (Docs. 16, 19) filed by Petitioner Adam Eggers ("Egger") to the Magistrate Judge's Report and Recommendations (Doc. 15) and Supplemental Report and Recommendations (Doc. 18), both of which recommend that the Court dismiss Eggers' Petition for relief pursuant to 28 U.S.C. § 2254 (Doc. 1).
As required by 18 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 Eggers' Objections (Doc. 16) to the Report and Recommendations (Doc. 15) and Objections (Doc. 19) to the Supplemental Report and Recommendations (Doc. 18) are not well taken and they are hereby OVERRULED. Wherefore, the Court DISMISSES Eggers' Petition (Doc. 1) and the Clerk is ORDERED to terminate this case.
Under Rule 11(a) of the Rules Governing § 2254 Cases, this Court is required to "issue or deny a certificate of appealability when it enters a final order adverse to the applicant." The Court agrees with the Magistrate Judge's recommendation that "[r]easonable jurists could differ on whether Eggers' statement during allocution is a sufficient protestations [sic] of innocence to require application of Alford to this case." (Doc. 18, PAGEID 962.) Accordingly, Eggers shall be issued a certificate of appealability on that question. The Court denies Eggers a certificate of appealability as to all other issues addressed in the Report and Recommendations and Supplemental Report and Recommendations, as reasonable jurists would not disagree with the conclusions reached on those issues.
DONE and ORDERED in Dayton, Ohio, this Thursday, August 6, 2015.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE