Opinion
Case No. 3:14-cr-122 Also 3:19-cv-232
11-13-2019
UNITED STATES OF AMERICA, Plaintiff, v. KENNETH CLEGG, JR., Defendant.
Magistrate Judge Michael R. Merz
ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS
The Court has reviewed the Supplemental Report and Recommendations of United States Magistrate Judge Michael R. Merz (ECF No. 81), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Supplemental Report and Recommendations.
Accordingly, it is hereby ORDERED that Defendant's § 2255 motion be dismissed with prejudice. Defendant is DENIED a certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis.
DONE and ORDERED in Dayton, Ohio, this 13th day of November, 2019.
*s/Thomas M. Rose
Thomas M. Rose
United States District Judge