Opinion
Case No. 3:05cv379.
December 21, 2006
Based upon the reasoning and citations of authority set forth by the United States Magistrate Judge in his Initial (Doc. #3) and Supplemental (Doc. #7) Reports and Recommendations, as well as upon a thorough de novo review of this Court's file and the applicable law, said Reports and Recommendations are adopted in their entirety. Petitioner's Objections to said judicial filings (Docs. #6 and #8) are overruled. Judgment will be ordered entered in favor of Respondent and against Petitioner, dismissing the Petition for Writ of Habeas Corpus, with prejudice, due to the bar of the applicable statute of limitations and upon the merits.
The docket sheet reflects a pro se Objection at Doc. #9. An examination reveals that same is a duplicate of the pro se Objection filed at Doc. #8.
Given that reasonable jurists would not disagree with this Court's conclusion, Plaintiff is denied any requested Certificate of Appealability, and, further, given that an appeal from this Court's opinion would be objectively frivolous, any anticipated request to appeal in forma pauperis is denied.
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.