Opinion
Case No. 3:13-cv-344
01-08-2014
SIDNEY RUCKER, Petitioner, v. WARDEN, Lebanon Correctional Institute, Respondent.
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY: (1) ADOPTING THE REPORTS AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
(Docs. 3,7); (2) OVERRULING PETITIONER'S OBJECTIONS (Docs. 5, 9);
(3) DISMISSING PETITIONER'S PETITION (Doc. 2) WITH PREJUDICE;
(4) DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY;
(5) CERTIFYING THAT ANY APPEAL WOULD NOT BE TAKEN IN GOOD
FAITH AND DENYING PETITIONER LEAVE TO APPEAL IN FORMA
PAUPERIS; AND (6) TERMINATING THIS CASE
This case is before the Court on the Reports and Recommendations of United States Magistrate Judge Michael R. Merz. (Doc. 3, 7). The Magistrate Judge concludes that Petitioner's Petition for Writ of Habeas Corpus (Doc. 2) should be dismissed with prejudice, that Petitioner should be denied a certificate of appealability and that the Court should certify that any appeal would be objectively frivolous. Petitioner filed Objections to the Reports and Recommendations. (Docs. 5, 9). The issues are now ripe for decision.
As required by 29 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 the substantive filings in this case. Based upon the reasoning and citations of authority set forth in the Magistrate Judge's Reports and Recommendations and the Court's de novo review, the Court:
(1) ADOPTS the Reports and Recommendations of the United States Magistrate Judge (Doc. 3, 7) in their entirety;
(2) OVERRULES Petitioner's Objections (Doc. 5, 9);
(3) DISMISSES Petitioner's Petition for Writ of Habeas Corpus (Doc. 2) with prejudice;
(4) DENIES any request for a certificate of appealability under 28 U.S.C. § 2253(c);
(5) CERTIFIES that any appeal would not be taken in good faith and DENIES any request for leave to appeal in forma pauperis; and
(6) DIRECTS the Clerk to enter judgment accordingly, whereupon this case TERMINATES on the Court's docket.
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge