Opinion
Case No. 3:13-cv-191
2013-09-17
CHAMARE H. MAYS, Petitioner, v. WARDEN, WARREN CORRECTIONAL INSTITUTION Respondent.
JUDGE WALTER H. RICE
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #4) IN THEIR
ENTIRETY; DISMISSING AMENDED PETITION FOR WRIT OF HABEAS
CORPUS (DOC. #3) WITH PREJUDICE; JUDGMENT TO ENTER IN
FAVOR OF RESPONDENT AND AGAINST PETITIONER; DENYING
CERTIFICATE OF APPEALABILITY AND ANTICIPATED MOTION FOR
LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY
Based on the reasoning and citations of authority set forth by United States Magistrate Judge Michael R. Merz, in his July 1, 2013, Report and Recommendations (Doc. #4), as well as upon a thorough de novo review of this Court's file and the applicable law, this Court ADOPTS said judicial filing in its entirety. The Court notes that no objections have been filed within the time allotted.
The Amended Petition for a Writ of Habeas Corpus (Doc. #3) 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