Opinion
Case No. 3:14-cv-459
01-15-2015
PHILLIP LAWRENCE, Petitioner, v. WARDEN, LONDON CORRECTIONAL INSTITUTION, Respondent.
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #3); 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 December 22, 2014, Report and Recommendations, as well as upon a thorough de novo review of this Court's file and the applicable law, this Court ADOPTS said judicial filing, Doc. #3, in its entirety. Although Petitioner was notified of his right to file objections to the Report and Recommendations, and of the consequences for failing to do so, no objections have been filed within the time allotted.
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. Date: January 15, 2015
/s/_________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE