Lee v. Warden, Madison Correctional Institution, No. 3:2015cv00244 - Document 15 (S.D. Ohio 2016)

Court Description: DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 13 ); OVERRULING PETITIONER'S RENEWED MOTION FOR CERTIFICATE OF APPEALABILITY, WHICH HAS BEEN DOCKETED AS A NOTICE OF APPEAL (DOC. # 11 ) - Based on the reasoning and citations of authority set forth by United States Magistrate Judge Michael R. Merz, in his Report and Recommendations, Doc. # 13 , as well as upon a thorough de novo review of this Court's file and the applicable law, the Court ADOPTS said judicial filing, and OVERRULES Petitioner's Renewed Motion for a Certificate of Appeal ability, docketed by the Clerk as a Notice of Appeal, Doc. # 11 . The Court notes that, although Petitioner was notified of hi s right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections have been filed within the time allotted. Signed by Judge Walter H. Rice on 11/14/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)