Opinion
Case No. 3:98-CR-081 Case No. 3:12-CV-183
09-28-2012
UNITED STATES OF AMERICA, Plaintiff, v. KEITH DEWITT, SR., Defendant
JUDGE WALTER HERBERT RICE
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #459) AND
SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #463) IN
THEIR ENTIRETY; OVERRULING DEFENDANT'S OBJECTIONS
THERETO (DOCS. ##460, 467); OVERRULING WITHOUT PREJUDICE
DEFENDANT'S MOTION TO VACATE SENTENCE PURSUANT TO 28
U.S.C. § 2255 (DOC. #458); DENYING ANTICIPATED REQUEST FOR
CERTIFICATE OF APPEALABILITY AND MOTION FOR LEAVE TO
PROCEED IN FORMA PAUPERIS; TERMINATION ENTRY
Based on the reasoning and citations of authority set forth by United States Magistrate Judge Michael R. Merz, in his Report and Recommendations, filed June 15, 2012 (Doc. #459), and his Supplemental Report and Recommendations, filed July 5, 2012 (Doc. #463), as well as upon a thorough de novo review of this Court's file and the applicable law, this Court adopts said judicial filings in their entirety, and overrules Defendant's objections thereto (Docs. ##460, 467).
Defendant's Motion to Vacate Sentence Pursuant to 28 U.S.C. § 2255 (Doc. #458) is overruled without prejudice to renewal, if the Court of Appeals certifies it under 28 U.S.C. § 2255(h). The Court's determination that this is a second or successive motion would not be debatable among reasonable jurists, and any appeal on that question would be objectively frivolous. Accordingly, Defendant is denied a certificate of appealability and denied leave to appeal in forma pauperis on that issue.
The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.
____________________
WALTER HERBERT RICE
UNITED STATES DISTRICT JUDGE