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Thomas v. Jenkins

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Jul 21, 2015
Case No. 3:15-cv-163 (S.D. Ohio Jul. 21, 2015)

Opinion

Case No. 3:15-cv-163

07-21-2015

Justin D. Thomas, Petitioner, v. Charlotte Jenkins, Warden, Correctional Institution, Respondent.


DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ (DOC. 3), OVERRULING PETITIONER'S OBJECTIONS TO THE MAGISTRATE'S PROPOSED FINDINGS AND RECOMMENDATIONS, (DOC. 4), DENYING PETITION FOR WRIT OF HABEAS CORPUS, (DOC. 1), AND TERMINATING THE INSTANT CASE.

Pending before the Court are Petitioner Justin D. Thomas's Objections to the Magistrate's Proposed Report and Recommendations. (Doc. 4). The Report and Recommendations of United States Magistrate Judge Michael R. Merz, (Doc. 3), recommends that the Court dismiss the petition (Doc. 1) with prejudice.

As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that Plaintiff's objections, (Docs. 4), to the Magistrate Judge's Report and Recommendations, (Doc. 3), are not well taken and they are hereby OVERRULED. Wherefore, the Court DISMISSES the Petition (Doc. 1) WITH PREJUDICE. Because reasonable jurists would not disagree with he Magistrate Judge's recommendation, Petitioner is be denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. The Clerk is ORDERED to terminate the instant case.

DONE and ORDERED this Tuesday, July 21, 2015.

s/Thomas M. Rose

THOMAS M. ROSE

UNITED STATES DISTRICT JUDGE


Summaries of

Thomas v. Jenkins

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Jul 21, 2015
Case No. 3:15-cv-163 (S.D. Ohio Jul. 21, 2015)
Case details for

Thomas v. Jenkins

Case Details

Full title:Justin D. Thomas, Petitioner, v. Charlotte Jenkins, Warden, Correctional…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Date published: Jul 21, 2015

Citations

Case No. 3:15-cv-163 (S.D. Ohio Jul. 21, 2015)