Opinion
Case No. 3:13-cv-332
09-24-2014
MICHAEL HAZEL, Petitioner, v. WARDEN, Chillicothe Correctional Institution, Respondent.
Magistrate Judge Michael R. Merz
DECISION AND ENTRY ADOPTING THE REPORTS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Docs. 36, 45, 47)
This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Michael R. Merz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court, and, on August 15 and September 8, 2014, submitted Reports and Recommendations. (Docs. 36, 45). Petitioner filed Objections. (Docs. 41, 52). The Magistrate Judge also filed a number of non-dispositive Orders (Docs. 32, 38, 40), to which Petitioner filed Objections (Docs. 35, 39, 44, 46). Subsequently, the Magistrate Judge filed a Report and Recommendations that Petitioner's Objections to the non-dispositive Orders were without merit. (Doc. 47). Petitioner also filed Objections to this Report and Recommendations. (Doc. 49).
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Reports and Recommendations should be and are hereby adopted in their entirety. Accordingly:
1. The Reports and Recommendations of the Magistrate Judge (Doc. 36, 45, 47) are ADOPTED in their entirety;
2. The Orders of the Magistrate Judge (Docs. 32, 38, 40) are AFFIRMED;
3. Petitioner's Objections (Docs. 35, 39, 41, 44, 46, 49, 52) are OVERRULED;
4. Petitioner's Petition and Amended Petition for Writ of Habeas Corpus (Docs. 1, 5) are DISMISSED with prejudice;
5. Any request for a certificate of appealability under 28 U.S.C. § 2253(c) is DENIED;
6. The Court CERTIFIES that any appeal of this Order would be objectively frivolous, and therefore DENIES Petitioner leave to appeal in forma pauperis. He remains free, however, to apply to proceed in forma pauperis in the Court of Appeals; and
7. The Clerk is DIRECTED to enter judgment accordingly, whereupon this case is TERMINATED on the Court's docket.
IT IS SO ORDERED. Date: 9/24/14
/s/_________
Timothy S. Black
United States District Judge