Tucker v. Warden Chillicothe Correctional Institution, No. 3:2009cv00271 - Document 6 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 3 ) IN THEIR ENTIRETY, AND OVERRULING PETITIONER'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. 5 ); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; ANY REQUESTED CERTIFICATE OF APPEALABILITY AND REQUEST TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY. Signed by Judge Walter H Rice on 9/14/2009. (sc1, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON DARRYL W. TUCKER, : Petitioner, : vs. Case No. 3:09cv271 : WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION, JUDGE WALTER HERBERT RICE : Respondent. DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #3) IN THEIR ENTIRETY, AND OVERRULING PETITIONER S OBJECTIONS TO SAID JUDICIAL FILING (DOC. #5); JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; ANY REQUESTED CERTIFICATE OF APPEALABILITY AND REQUEST TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY Pursuant to the reasoning and citations of authority set forth by the United States Magistrate Judge, in his Report and Recommendations filed July 21, 2009 (Doc. #3), as well as upon a thorough de novo review of this Court s file and the applicable law, said Report and Recommendations are adopted in their entirety. The Petitioner s Objections to said judicial filing (Doc. #5) are overruled. Judgment is to be entered in favor of the Respondent and against Petitioner herein, dismissing Petitioner s Petition for Writ of Habeas Corpus as failing to state a claim for relief and as procedurally defaulted (Ground 1) and as procedurally defaulted and upon the merits (Grounds 2 and 3). Given that jurists of reason would not disagree with said conclusions, in that Petitioner has failed to make a substantial showing of the denial of a constitutional right, Petitioner is denied any to be requested Certificate of Appealability and Leave to Appeal In Forma Pauperis. 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 September 14, 2009 Copies to: Darryl W. Tucker, Pro Se Diane Duemmel Mallory, Esq. Magistrate Judge Michael R. Merz WALTER HERBERT RICE UNITED STATES DISTRICT JUDGE

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.