Opinion
Case No. 3:15-cv-179
10-14-2015
RONALD E. HARRIS, II, Petitioner, v. WARDEN, Chillicothe Correctional Institution, Respondent.
Magistrate Judge Michael R. Merz
ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 10); ADOPTING REPORT AND RECOMMENDATIONS (DOC. 8); AND TERMINATING THIS CASE
This habeas corpus case is before the Court on the Objections (Doc. 10) filed by Petitioner Ronald E. Harris, II ("Petitioner") to the Magistrate Judge's Report and Recommendations (Doc. 8). In the Report and Recommendations, the Magistrate Judge recommended that the Court dismiss this case for lack of subject matter jurisdiction under Burton v. Stewart, 549 U.S. 147 (2007).
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 Petitioner's Objections (Doc. 10) to the Report and Recommendations (Doc. 8) are not well taken and they are hereby OVERRULED. The Court ADOPTS the Report and Recommendations (Doc. 18) in their entirety and rules as follows:
• The Court DISMISSES this case for lack of subject matter jurisdiction;
• As reasonable jurists would not disagree with this conclusion, the Court DENIES a certificate of appealability to Petitioner;
• The Court CERTIFIES to the Sixth Circuit that any appeal would be
objectively frivolous and therefore Petitioner 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 Wednesday, October 14, 2015.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE