Opinion
Case No. 1:13-cv-465
01-20-2015
MATTHEW JONES, Petitioner, v. WARDEN, NOBLE CORRECTIONAL INSTITUTION, Respondent.
Magistrate Judge Michael Merz
DECISION AND ENTRY ADOPTING THE REPORTS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
(Docs. 13, 18)
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 Merz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on July 17, 2014, submitted a Report and Recommendations. (Doc. 13). Subsequently, pursuant to Order, the Magistrate Judge filed a Supplemental Report and Recommendations (Doc. 18) addressing Petitioner's Objections (Doc. 14).
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 Report and Recommendations should be and is hereby adopted in its entirety. Accordingly:
1. The Report and Recommendations (Docs. 13, 18) is ADOPTED;
2. Petitioner's petition for a writ of habeas corpus (Doc. 6) is DISMISSED with prejudice.
3. Because reasonable jurists would not disagree with such dismissal, the Court DENIES a certificate of appealability under 28 U.S.C. § 2253.
4. The Court further CERTIFIES that any appeal would be objectively frivolous, and therefore an application to proceed on appeal in forma pauperis under 28 U.S.C. Section 1915(a)(3) is DENIED.
5. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED in this Court.
IT IS SO ORDERED. Date: 1/20/15
s/ Timothy S. Black
Timothy S. Black
United States District Judge