Kline v. Marion Correctional Institution, Warden, No. 3:2014cv00250 - Document 9 (S.D. Ohio 2017)
Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ 7 , AND OVERRULING PETITIONER'S OBJECTIONS TOREPORT AND RECOMMENDATIONS 8 , AND OVERRULING MOTION TO RE-OPEN CASE 6 . Signed by Judge Thomas M. Rose on 9-26-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Kline v. Marion Correctional Institution, Warden Doc. 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Troy Kline, Petitioner, Case No. 3:14-cv-250 Judge Thomas M. Rose Magistrate Judge Michael M. Merz v. Jason Bunting, Warden, Marion Correctional Institution, Respondent. DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ (DOC. 7), AND OVERRULING PETITIONER=S OBJECTIONS TO REPORT AND RECOMMENDATIONS (DOC. 8), AND MOTION TO RE-OPEN CASE (DOC. 6). Pending before the Court are Petitioner’s Motion to Re-Open Case, (Doc. 6) Report and Recommendations (Doc. 7), and Objection to Magistrate’s Report and Recommendations. (Doc. 8). Magistrate Judge Michael R. Merz’s Report and Recommendations (Doc. 7), recommends denying Petitioner’s Motion to Re-open Case, (Doc. 6), and denying permission to proceed in forma pauperis. As required by 28 U.S.C. ' 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that Petitioner=s objection, (Doc. 8), to the Magistrate Judge=s Report and Recommendations, (Doc. 7), is not well taken and is hereby OVERRULED. The Magistrate Judge=s Report and Recommendations, (Doc. 7), is ADOPTED. Wherefore, the Court OVERRULES the Motion. Dockets.Justia.com (Doc. 6). Because reasonable jurists would not disagree with this conclusion, Petitioner is denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore Petitioner should not be permitted to proceed in forma pauperis. The instant case remains closed. DONE and ORDERED this Tuesday, September 26, 2017. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE 2
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