Opinion
Case No. 3:13-cv-347
09-22-2014
DENNIS D. JACKSON, Petitioner, v. WARDEN, Lebanon Correctional Institution, Respondent.
Magistrate Judge Michael R. Merz
ENTRY AND ORDER OVERRULING JACKSON'S OBJECTIONS (Doc. #14) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. #10); OVERRULING JACKSON'S OBJECTIONS (Doc. # 22) TO THE MAGISTRATE JUDGE'S SUPPLEMENTAL REPORT AND RECOMMENDATIONS (Doc. #19); DISMISSING JACKSON'S PETITION FOR A WRIT OF HABEAS CORPUS WITH PREJUDICE; DENYING A CERTIFICATE OF APPEALABILITY AND CERTIFYING THAT ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS
Pro se Petitioner Dennis D. Jackson ("Jackson") has filed a Petition for a Writ of Habeas Corpus. Magistrate Judge Michael R. Merz issued a Report and Recommendations (doc. #10) and a Supplemental Report and Recommendations (doc. #22) recommending that Jackson's Petition be dismissed with prejudice, that Jackson be denied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal of this Order would be objectively frivolous.
Jackson objected (doc. #14) to the Report and Recommendations and to the Supplemental Report and Recommendations (doc. #22). The time has run and the Warden has not responded to either of Jackson's Objections. Jackson's Objections to the Report and Recommendations and Supplemental Report and Recommendations are, therefore, ripe for decision.
As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the District Judge has made a de novo review of the record in this case. Upon said review, the Court finds that Jackson's Objections to the Magistrate Judge's Report and Recommendations and Jackson's Objections to the Magistrate Judge's Supplemental Report and Recommendations are not well-taken, and they are hereby OVERRULED. The Magistrate Judge's Report and Recommendations and Supplemental Report and Recommendations are adopted in their entirety.
Jackson's Petition for a Writ of Habeas Corpus is dismissed with prejudice. Further, Jackson is denied a certificate of appealability and any appeal of this matter would be objectively frivolous. Finally, the captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.
DONE and ORDERED in Dayton, Ohio this Twenty-Second Day of September, 2014.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel of Record
Dennis D. Jackson at his last address of record