Knisley v. Warden, Lebanon Correctional Institution, No. 3:2016cv00033 - Document 5 (S.D. Ohio 2016)
Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ 2 , OVERRULING PETITIONER'S OBJECTIONS TO THE MAGISTRATE'S REPORT AND RECOMMENDATIONS 3 , DISMISSING PETITION 1 AND TERMINATING CASE. Signed by Judge Thomas M. Rose on 5-11-2016. (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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Knisley v. Warden, Lebanon Correctional Institution Doc. 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Alexander D. Knisley, Plaintiff, Case No. 3:16-cv-033 Judge Thomas M. Rose v. Tom Schietzer, Warden, Lebanon Correctional Institution, Defendant. DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ (DOC. 2), OVERRULING PETITIONER=S OBJECTIONS TO THE MAGISTRATE=S REPORT AND RECOMMENDATIONS, (DOC. 3), DISMISSING PETITION, (DOC. 1), AND TERMINATING CASE. Pending before the Court are Plaintiff Alexander D. Knisly=s Objections to the Magistrate=s Report and Recommendations. (Doc. 3). The Report and Recommendations of United States Magistrate Judge Michael M. Merz, (Doc. 2), recommends that, because Knisley's claims are barred by the statute of limitations, the Court dismiss them with prejudice and that the Court certify that any appeal that could be taken would not be in good faith. 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 Plaintiff=s objections, (Docs. 3), to the Magistrate Judge=s Report and Recommendations, (Doc. 2), are not well taken and they are hereby OVERRULED. Wherefore, the Court DISMISSES the Petition (Doc. 1) WITH PREJUDICE. Because reasonable jurists would not disagree with the Dockets.Justia.com Magistrate Judge’s recommendation, Petitioner is denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore Plaintiff should not be permitted to proceed in forma pauperis. The Clerk is ORDERED to terminate the instant case. DONE and ORDERED this Wednesday, May 11, 2016. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE 2
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