King v. Warden, Lake Erie Correctional Institution, No. 3:2022cv00154 - Document 24 (S.D. Ohio 2023)
Court Description: DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ, (ECF 14 , 20 ), OVERRULING PETITIONER'S OBJECTIONS TO MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS, (ECF 17 , 23 ), DENYING A CERTIFICATE OF APPEALABILITY, AND TERMINATING CASE. Signed by Judge Thomas M. Rose on 8/8/2023. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Download PDF
<![CDATA[
King v. Warden, Lake Erie Correctional Institution Doc. 24 Case: 3:22-cv-00154-TMR-MRM Doc #: 24 Filed: 08/09/23 Page: 1 of 2 PAGEID #: 1463 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Todd A. King, Petitioner, Case No. 3:22-cv-154 Judge Thomas M. Rose Magistrate Judge Michael R. Merz v. Warden, Lake Erie Correctional Institution, Respondent. DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ, (ECF 14, 20), OVERRULING PETITIONER’S OBJECTIONS TO MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS, (ECF 17, 23), DENYING A CERTIFICATE OF APPEALABILITY, AND TERMINATING CASE. Pending before the Court are a Report and Recommendation, (ECF 14), suggesting that the Court deny Petitioner’s Petition for a Writ of Habeas Corpus. (ECF 1). Petitioner filed Objections, (ECF 17), prompting the Magistrate Judge, after a recommittal, (ECF 19), to file a Supplemental Report and Recommendation. (ECF 20). Petitioner then filed Objections (ECF 23) to the Magistrate’s Supplemental Report and Recommendation. The Magistrate Judge recommends that the Petition be dismissed with prejudice. He also recommends finding that reasonable jurists would not disagree with this conclusion, that Petitioner be denied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court Dockets.Justia.com Case: 3:22-cv-00154-TMR-MRM Doc #: 24 Filed: 08/09/23 Page: 2 of 2 PAGEID #: 1464 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 Petitioner’s Objections, (ECF 17, 23), to the Magistrate Judge’s Supplemental Report and Recommendations, (ECF 14, 20), are not well taken and they are hereby OVERRULED. The Court ADOPTS IN FULL the Magistrate Judge’s Reports and Recommendations. (ECF 14, 20). The case is TERMINATED. DONE and ORDERED this Tuesday, August 8, 2023. 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.
