Dotson v. Brunsman, No. 3:2009cv00046 - Document 7 (S.D. Ohio 2009)
Court Description: DECISION AND ENTRY ADOPTING INITIAL (DOC. 3 ) AND SUPPLEMENTAL (DOC. 5 ) REPORTS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE; PETITIONER'S OBJECTIONS TO SAID JUDICIAL FILINGS (DOCS. 4 AND 6 ) OVERRULED; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER, DISMISSING THE PETITION FOR WRIT OF HABEAS CORPUS, WITH PREJUDICE, AS BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS AND AS PROCEDURALLY DEFAULTED; LEAVE TO APPEAL IN FORMA PAUPERIS DENIED; CERTIFICATE OF APPEALABILITY DENIED; TERMINATION ENTRY. Signed by Judge Walter H Rice on 3/30/09. (cib1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JEREMY C. DOTSON, : Petitioner, : vs. Case No. 3:09cv046 : TIMOTHY BRUNSMAN, WARDEN, JUDGE WALTER HERBERT RICE : Respondent. DECISION AND ENTRY ADOPTING INITIAL (DOC. #3) AND SUPPLEMENTAL (DOC. #5) REPORTS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE; PETITIONER S OBJECTIONS TO SAID JUDICIAL FILINGS (DOCS. #4 AND #6) OVERRULED; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER, DISMISSING THE PETITION FOR WRIT OF HABEAS CORPUS, WITH PREJUDICE, AS BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS AND AS PROCEDURALLY DEFAULTED; LEAVE TO APPEAL IN FORMA PAUPERIS DENIED; CERTIFICATE OF APPEALABILITY DENIED; TERMINATION ENTRY Pursuant to the reasoning and citations of authority set forth by the United States Magistrate Judge in his Initial (Doc. #3) and Supplemental (Doc. #5) Reports and Recommendations, as well as upon a thorough de novo review of this Court s file and the applicable law, said Reports and Recommendations are adopted in their entirety. The Petitioner s Objections to said judicial filing (Docs. #4 and #6) are overruled. The Petition for Writ of Habeas Corpus is dismissed, with prejudice, as barred by the applicable statute of limitations and as procedurally defaulted. Given that any appeal from this Court s Decision herein would be objectively frivolous, this Court denies leave to appeal in forma pauperis. Moreover, given that Petitioner has failed to make a substantial showing of a denial of a constitutional right and that reasonable jurists would not disagree with the Court s conclusion herein, Petitioner is denied a Certificate of Appealability. The captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. /s/ Walter Herbert Rice March 30, 2009 WALTER HERBERT RICE UNITED STATES DISTRICT JUDGE Copies to: George A. Katchmer, Esq. -2-
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