Opinion
Case No. 3:13-CV-55
08-22-2013
JOSEPH W. HUBER, JR., Petitioner, v. WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION, Respondent
JUDGE WALTER H. RICE
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #16) AND
SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #19) IN
THEIR ENTIRETY; OVERRULING PETITIONER'S OBJECTIONS
THERETO (DOCS. ##17, 22); DISMISSING PETITION FOR WRIT OF
HABEAS CORPUS (DOC. #2) WITH PREJUDICE; DENYING
CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA
PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND
AGAINST PETITIONER; TERMINATION ENTRY
Based on the reasoning and citations of authority set forth by United States Magistrate Judge Michael R. Merz, in his July 9, 2013, Report and Recommendations (Doc. #16), and in his July 30, 2013, Supplemental Report and Recommendations (Doc. #19), as well as upon a thorough de novo review of this Court's file and the applicable law, this Court ADOPTS said judicial filings in their entirety, and OVERRULES Petitioner's objections thereto (Docs. ##17, 22).
The Petition for a Writ of Habeas Corpus (Doc. #2) is DISMISSED WITH PREJUDICE.
Given that Petitioner has not made a substantial showing of the denial of a constitutional right and, further, that the Court's decision herein would not be debatable among reasonable jurists, and because any appeal from this Court's decision would be objectively frivolous, Petitioner is denied a certificate of appealability, and is denied leave to appeal in forma pauperis.
Judgment will be entered in favor of Respondent and against Petitioner.
The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.
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WALTER H. RICE
UNITED STATES DISTRICT JUDGE