Simpson v. Warden Lebanon Correctional Institution, No. 3:2017cv00298 - Document 25 (S.D. Ohio 2018)
Court Description: DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ 19 , OVERRULING PETITIONER'S OBJECTIONS 17 TO MAGISTRATE'S REPORT AND RECOMMENDATIONS, 16 , AND DISMISSING THE PETITION WITH PREJUDICE. 1 . Signed by Judge Thomas M. Rose on 6-14-2018. (de)
Download PDF
<![CDATA[
Simpson v. Warden Lebanon Correctional Institution Doc. 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Keron D. Simpson, Petitioner, Case No. 3:17-cv-298 Judge Thomas M. Rose Magistrate Judge Michael R. Merz v. Warren Lebanon Correctional Institution, Respondent. DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ (ECF 19), OVERRULING PETITIONER=S OBJECTIONS (ECF 17) TO MAGISTRATE=S REPORT AND RECOMMENDATIONS, (ECF 16), AND DISMISSING THE PETITION WITH PREJUDICE. (ECF 1). On March 9, 2018, Magistrate Judge Michael R. Merz filed a Report and Recommendation, (ECF 16), suggesting that the Court dismiss Petitioner Keron D. Simpson’s Petition for a Writ of Habeas Corpus. (ECF 1). On March 20, 2018, Petitioner filed Objection to the Magistrate=s Report and Recommendations. (ECF 17). The matter was recommitted to the Magistrate Judge for further review. (ECF 18). On March 27, 2018, the Magistrate Judge issued a supplemental report and recommendation, that reaches the same conclusion as before. (ECF 19). Petitioner again objects. (ECF 22.) 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, taking into consideration both of Petitioner’s objections. Upon said review, the Court finds that Plaintiff=s Objections, (ECF 17, 22), to the Dockets.Justia.com Magistrate Judge=s Report and Recommendations, (ECF 16, 19), are not well taken and is hereby OVERRULED. Wherefore, the Court ADOPTS IN FULL the Magistrate Judge=s Reports and Recommendations. (ECF 16, 19). The Petition is DISMISSED with prejudice. 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 should not be permitted to proceed in forma pauperis. DONE and ORDERED this Wednesday, June 13, 2018. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE 2
]]>
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.
