Jamison v. Warden Chillicothe Correctional Institution, No. 3:2009cv00297 - Document 35 (S.D. Ohio 2012)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. # 28 ) IN THEIR ENTIRETY; OVERRULING PETITIONER'S OBJECTION THERETO (DOC. # 32 ); OVERRULING PETITIONER'S MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS (DOC. # 26 ) AND PETITIONER'S REQUEST FOR ANEXTENSION OF TIME TO APPEAL (DOC. # 27 ). Signed by Judge Walter H Rice on 4/10/2012. (mdf1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION BRIAN A. JAMISON, Petitioner, Case No. 3:09-cv-297 vs. JUDGE WALTER HERBERT RICE WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION, Respondent DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #28) IN THEIR ENTIRETY; OVERRULING PETITIONER'S OBJECTION THERETO (DOC. #32); OVERRULING PETITIONER'S MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS (DOC. #26) AND PETITIONER'S REQUEST FOR AN EXTENSION OF TIME TO APPEAL (DOC. #27) Based on the reasoning and citations of authority set forth in the Report and Recommendations of the United States Magistrate Judge, filed February 29, 2012 (Doc. #28), as well as on a thorough de novo review of this Court's file and the applicable law, said judicial filing is adopted in its entirety. Petitioner's objection to the Report and Recommendations (Doc. #32) is overruled. Given that any appeal from this Court's opinion would be objectively frivolous, Petitioner's motion for leave to appeal in forma pauperis (Doc. #26) is overruled, as is his "Belated Notice of Appeal, #I (Doc. #27) which the Court has construed as a request for an extension of time to appeal. Date: April 10, 2012 WALTER HERBERT RICE UNITED STATES DISTRICT JUDGE Copies to: Petitioner Counsel for Respondent Sixth Circuit Case Manager 2

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