Galluzzo v. Warden, Tri-County Regional Jail, No. 3:2019cv00171 - Document 44 (S.D. Ohio 2020)
Court Description: DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS (DOC. # 36 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 42 ); OVERRULING PETITIONERS OBJECTIONS THERETO (DOCS. ## 37 , 43 ); DISMISSING PETITION FO R WRIT OF HABEAS CORPUS (DOC. # 1 ) WITH PREJUDICE; OVERRULING AS MOOT PETITIONERS MOTION FOR SUMMARY JUDGMENT (DOC. # 33 ); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 10/26/2020. (srb)(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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Galluzzo v. Warden, Tri-County Regional Jail Doc. 44 Case: 3:19-cv-00171-WHR-MRM Doc #: 44 Filed: 10/26/20 Page: 1 of 3 PAGEID #: 355 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION MICHAEL ANTHONY GALLUZZO, : Petitioner, : v. SCOTT SPRINGHETTI, Director, Tri-County Regional Jail, Case No. 3:19-cv-171 JUDGE WALTER H. RICE : Respondent. DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS (DOC. #36) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #42); OVERRULING PETITIONER’S OBJECTIONS THERETO (DOCS. ##37, 43); DISMISSING PETITION FOR WRIT OF HABEAS CORPUS (DOC. #1) WITH PREJUDICE; OVERRULING AS MOOT PETITIONER’S MOTION FOR SUMMARY JUDGMENT (DOC. #33); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; TERMINATION ENTRY Following a jury trial in Champaign County Municipal Court, Petitioner Michael Galluzzo was convicted of operating a motor vehicle without a license and driving while his license was suspended. After being sentenced to 180 days in jail, Galluzzo filed a Petition for Writ of Habeas Corpus, Doc. #1. Proceedings were stayed until his state court appeals were completed. Based on the reasoning and citations of authority set forth by United States Magistrate Judge Michael R. Merz in his Report and Recommendations, Doc. #36, Dockets.Justia.com Case: 3:19-cv-00171-WHR-MRM Doc #: 44 Filed: 10/26/20 Page: 2 of 3 PAGEID #: 356 and Supplemental Report and Recommendations, Doc. #42, as well as upon a thorough de novo review of this Court’s file and the applicable law, the Court ADOPTS said judicial filings in their entirety. Petitioner’s Objections to those judicial filings, Docs. ##37, 43, are OVERRULED as frivolous. Magistrate Judge Merz has thoroughly explained why Petitioner is not entitled to habeas corpus relief on his claims concerning the state court’s alleged lack of jurisdiction, the alleged invalidity of the St. Paris ordinance at issue, the alleged Fourth Amendment and due process violations, the alleged failure to provide him with full discovery prior to trial, the alleged violation of Petitioner’s right to travel, and Petitioner’s alleged status as a “sovereign.” Although Petitioner may disagree with Magistrate Judge Merz about the merits of these claims, nothing in Petitioner’s Objections persuades the Court that Magistrate Judge Merz erred in recommending dismissal of the Petition. Accordingly, the Court DISMISSES the Petition for Writ of Habeas Corpus, Doc. #1, WITH PREJUDICE, and OVERRULES AS MOOT Petitioner’s Motion for Summary Judgment, Doc. #33. Given that Petitioner has not made a substantial showing of the denial of a constitutional right and, further, that the Court’s decision herein would not be debatable among reasonable jurists, and because any appeal from this Court’s decision would be objectively frivolous, Petitioner is denied a certificate of appealability, and is denied leave to appeal in forma pauperis. Judgment will be entered in favor of Respondent and against Petitioner. 2 Case: 3:19-cv-00171-WHR-MRM Doc #: 44 Filed: 10/26/20 Page: 3 of 3 PAGEID #: 357 The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. UQ QFS +VEHF 3JDF BVUIPSJ[BUJPO BGUFS IJT SFWJFX Date: October 26, 2020 WALTER H. RICE UNITED STATES DISTRICT JUDGE 3
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