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United States v. Lewis

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Sep 23, 2013
Case No. 3:08-cr-175 (S.D. Ohio Sep. 23, 2013)

Opinion

Case No. 3:08-cr-175

2013-09-23

UNITED STATES OF AMERICA Plaintiff, v. JEREMY E. LEWIS, Defendant.


Judge Thomas M. Rose

Magistrate Judge Michael R. Merz


ENTRY AND ORDER OVERRULING LEWIS'S OBJECTIONS (Doc.

#187) TO THE MAGISTRATE JUDGE'S REPORT AND

RECOMMENDATIONS (Doc. #185) REGARDING LEWIS'S LATEST

MOTION FOR RELIEF FROM JUDGMENT; ADOPTING THE

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS

REGARDING LEWIS'S LATEST MOTION FOR RELIEF FROM

JUDGMENT IN ITS ENTIRETY; DENYING LEWIS'S LATEST MOTION

FOR RELIEF FROM JUDGMENT AND, BECAUSE REASONABLE

JURISTS WOULD NOT DISAGREE WITH THIS CONCLUSION,

DENYING LEWIS A CERTIFICATE OF APPEALABILITY ON THIS

MOTION AND CERTIFYING THAT ANY APPEAL WOULD BE

OBJECTIVELY FRIVOLOUS

This case is before the Court on Defendant Jeremy E. Lewis's ("Lewis's") latest Motion for Relief from Judgment under Fed. R. Civ. P. 60(b). (Doc. #183.) On July 24, 2012, this Court denied Lewis's prior Motion for Relief from Judgment. Lewis now seeks relief from this Order.

On July 12, 2013, Magistrate Merz issued a Report and Recommendations recommending that Lewis's latest Motion for Relief from Judgment be denied, that any request for a certificate of appealability be denied and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous. (Doc. #185.) Lewis has objected to this Report and Recommendations (doc. #187) and the time has run and the Government has not responded to Lewis's Objections. This matter is, therefore, ripe for decision.

As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the District Judge has made a de novo review of the record in this case. Upon said review, the Court finds that Lewis's Objections to the Magistrate Judge's Report and Recommendations regarding Lewis's latest Motion for Relief from Judgment are not well-taken, and they are hereby OVERRULED.

The Magistrate Judge's Report and Recommendations regarding Lewis's latest Motion for Relief from Judgment are adopted in their entirety. Lewis's latest Motion for Relief from Judgment (doc. #183) is denied. Further, Lewis is denied any requested Certificate of Appealability of the denial of this Motion for Relief from Judgment and any appeal thereof would be objectively frivolous.

DONE and ORDERED in Dayton, Ohio, this Twenty-Third Day of September, 2013.

________________

THOMAS M. ROSE

UNITED STATED DISTRICT JUDGE
Copies furnished to: Counsel of Record
Jeremy E. Lewis at his last known address of record


Summaries of

United States v. Lewis

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Sep 23, 2013
Case No. 3:08-cr-175 (S.D. Ohio Sep. 23, 2013)
Case details for

United States v. Lewis

Case Details

Full title:UNITED STATES OF AMERICA Plaintiff, v. JEREMY E. LEWIS, Defendant.

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

Date published: Sep 23, 2013

Citations

Case No. 3:08-cr-175 (S.D. Ohio Sep. 23, 2013)