Opinion
Case No. 3:15-cv-389
12-22-2015
DAVID A. FARMER, Petitioner, v. JASON BUNTING, Warden, Marion Correctional Institution, Respondent.
Magistrate Judge Michael R. Merz ENTRY AND ORDER OVERRULING OBJECTIONS (DOCS. 4, 7); ADOPTING REPORT AND RECOMMENDATIONS (DOC. 3) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. 6); AND TERMINATING THIS CASE
This habeas corpus case is before the Court on the Objections (Docs. 4, 7) filed by Petitioner David A. Farmer ("Farmer") to the Report and Recommendations ("Report") (Doc. 3) and Supplemental Report and Recommendations ("Supplemental Report") (Doc. 6). In both the Report and Supplemental Report, Magistrate Judge Michael R. Merz recommended that the Court dismiss Farmer's Petition for Habeas Corpus (Doc. 2) 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 Farmer's Objections (Doc. 4) to the Report (Doc. 3) and Objections (Doc. 7) to the Supplemental Report (Doc. 6) are not well taken and they are hereby OVERRULED. The Court ADOPTS the Report (Doc. 3) and Supplemental Report (Doc. 6) in their entirety and rules as follows:
• The Court DISMISSES the Petition for Writ of Habeas Corpus (Doc. 2) with prejudice;
• As reasonable jurists would not disagree with this conclusion, Farmer is
DENIED a certificate of appealability;
• The Court further CERTIFIES to the Sixth Circuit that any appeal would be objectively frivolous and therefore Farmer 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 22, 2015.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE