Opinion
Case No. 1:13-cv-166
05-29-2014
RONNIE SLOAN, Petitioner, v. HAMILTON COUNTY JUSTICE CENTER, Respondent.
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
(Doc. 11); (2) DISMISSING PETITIONER'S PETITION WITHOUT PREJUDICE
(Doc. 1); (3) DENYING ANY REQUESTED CERTIFICATE OF
APPEALABILITY; (4) CERTIFYING THAT ANY APPEAL WOULD BE
OBJECTIVELY FRIVOLOUS AND DENYING PETITIONER LEAVE TO
APPEAL IN FORMA PAUPERIS; AND (5) TERMINATING THIS CASE
This case is before the Court on the Report and Recommendations of United States Magistrate Judge Michael R. Merz. (Doc. 11). The Magistrate Judge concludes that Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) should be dismissed without prejudice. In addition, the Magistrate Judge recommends that Petitioner should be denied a certificate of appealability and that Petitioner should be denied leave to appeal in forma pauperis. (Doc. 11). Petitioner filed no objections to the Report and Recommendations of the Magistrate Judge and the time for doing so expired on May 19, 2014.
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 the issues presented de novo. Based upon the reasoning and citations of authority set forth in the Magistrate Judge's Report and Recommendations (Doc. 11), and based upon the Court's de novo review, the Court:
(1) ADOPTS the Report and Recommendations of the United States Magistrate Judge (Doc. 11) in its entirety;
(2) DISMISSES Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) without prejudice;
(3) DENIES any request for a certificate of appealability under 28 U.S.C. § 2253(c);
(4) CERTIFIES that any appeal would be objectively frivolous and DENIES any request for leave to appeal in forma pauperis; and
(5) 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