Snowden v. Warden Allen Correctional Institution, No. 3:2020cv00463 - Document 16 (S.D. Ohio 2021)

Court Description: DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 13 ); OVERRULING PETITIONER'S MOTION TO AMEND OR MAKE ADDITIONAL FINDINGS (DOC. # 7 ); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEA L IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; CASE TO REMAIN TERMINATED ON DOCKET. Signed by Judge Walter H. Rice on 4/20/2021. (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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Snowden v. Warden Allen Correctional Institution Doc. 16 Case: 3:20-cv-00463-WHR-MRM Doc #: 16 Filed: 04/21/21 Page: 1 of 2 PAGEID #: 74 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION DEONTE SNOWDEN, Petitioner, Case No. 3:20-cv-463 v. ED SHELDON, WARDEN, Allen Correctional Institution, JUDGE WALTER H. RICE Respondent. DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #13); OVERRULING PETITIONER'S MOTION TO AMEND OR MAKE ADDITIONAL FINDINGS (DOC. #7); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; CASE TO REMAIN TERMINATED ON DOCKET 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, filed on February 24, 2021, as well as upon a thorough de novo review of this Court's file and the applicable law, the Court ADOPTS said judicial filing in its entirety. Although Petitioner was notified of his right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, and was granted an extension of time, no Objections were filed within the time allotted. Dockets.Justia.com Case: 3:20-cv-00463-WHR-MRM Doc #: 16 Filed: 04/21/21 Page: 2 of 2 PAGEID #: 75 For the reasons discussed by Magistrate Judge Merz, the Court OVERRULES Petitioner's Motion to Amend and/or Make Additional Findings, Doc. #7. 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. The captioned case shall remain terminated on the Court ' s docket. Date: April 20, 2021 WALTER H. RICE UNITED STATES DISTRICT JUDGE 2

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