Opinion
Case No. C-3:14-cv-074
04-21-2014
ADAM C. JOHNSTON Petitioner, v. JASON BUNTING, Warden, Respondent.
Judge Thomas M. Rose
Magistrate Judge Michael R. Merz
ENTRY AND ORDER OVERRULING JOHNSTON'S OBJECTIONS (Doc.
#6) TO THE MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATIONS (Doc. #5); OVERRULING JOHNSTON'S
SUPPLEMENTAL OBJECTIONS (Doc. #9) TO THE MAGISTRATE
JUDGE'S SUPPLEMENTAL REPORT AND RECOMMENDATIONS
(Doc. #8); ADOPTING THE MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATIONS AND SUPPLEMENTAL REPORT AND
RECOMMENDATIONS (Docs. #5 and #8) IN THEIR ENTIRETY;
DISMISSING JOHNSTON'S PETITION FOR A WRIT OF HABEAS
CORPUS WITH PREJUDICE; DENYING A CERTIFICATE OF
APPEALABILITY; DENYING LEAVE TO APPEAL IN FORMA
PAUPERIS; AND TERMINATING THIS CASE
This matter comes before the Court pursuant to pro se Petitioner Adam C. Johnston's ("Johnston's") Objections (doc. #6) to Magistrate Judge Michael R. Merz's Report and Recommendations (doc. #5) and Johnston's Supplemental Objections (doc. #9) to Magistrate Judge Merz's Supplemental Report and Recommendations (doc. #8). Magistrate Judge Merz performed an initial review of Johnston's §2254 Motion and found that it was barred by the statute of limitations. Magistrate Judge Merz's Report and Recommendations and Supplemental Report and Recommendations both recommend that the §2254 case filed by Johnston be dismissed with prejudice and that Johnston be denied a certificate of appealability and leave to appeal in forma pauperis.
The time has run and the Warden has not responded to either of Johnston's Objections. This matter is, 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 Johnston's Objections to the Magistrate Judge's Report and Recommendations and Johnston's Supplemental 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.
Johnston's §2254 Motion is denied with prejudice. Further, Johnston is denied a certificate of appealability and leave to appeal in forma pauperis. 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-First Day of April, 2014.
__________
THOMAS M. ROSE
UNITED STATED DISTRICT JUDGE
Copies furnished to: Counsel of Record
Adam C. Johnston at his last address of record