Opinion
Case No. 3-:04-CV-266.
February 6, 2006
This case is before the Court pursuant to Petitioner Kevin Neal's Objections (doc. #17) to the Report and Recommendations of Chief Magistrate Judge Michael Merz filed March 14, 2005 (doc. #13). The Report and Recommendations address Kevin Neal's Petition for a Writ of Habeas Corpus filed on July 21, 2004. The Warden did not file objections to the Report and Recommendations and did not file a response to Kevin Neal's Objections.
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the District Judge has made a de novo review of the record in this case. Upon said review, the Court finds that Kevin Neal's objections to the Magistrate's Report and Recommendations are not well taken and they are hereby OVERRULED. Accordingly, the Chief Magistrate Judge's Report and Recommendations is ADOPTED in its entirety.
There is no constitutional error among the seven Grounds for Relief in Kevin Neal's Petition for a Writ of Habeas Corpus. Also, because the conclusions of the Court would not be debatable among reasonable jurists, Kevin Neal is denied a certificate of appealability and is denied leave to appeal in forma pauperis. 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.