Dangerfield v. Warden, Southeastern Correctional Complex

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION – CINCINNATI

LAWRENCE DANGERFIELD, : Case No. 1:20-cv-582 : Petitioner, : Judge Matthew W. McFarland : Magistrate Judge Michael R. Merz vs. : : WARDEN, SOUTHEASTERN : CORRECTIONAL COMPLEX, : : Respondent. :

ORDER ADOPTING SECOND SUPPLEMENTAL REPORT AND RECOMMENDATION (Doc. 22), OVERRULING OBJECTION, AND TERMINATING CASE

The Court has reviewed the Second Supplemental Report and Recommendation of Magistrate Judge Michael R. Merz (Doc. 22), to whom this case is referred pursuant to 28 U.S.C. § 636(b). Petitioner filed an objection (Doc. 25). 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 review, the Court finds that Petitioner’s objection is not well-taken and is accordingly OVERRULED. The Court ADOPTS the Second Supplemental Report and Recommendation (Doc. 22) in its entirety. Accordingly, the Court orders as follows: 1. Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED WITH PREJUDICE. 2. Because reasonable jurists would not disagree with this conclusion, the Court CERTIFIES pursuant to 28 U.S.C. § 1915(a) that, for the reasons expressed in the Report, an appeal of this Order adopting the Report would not be taken in good faith, and therefore DENIES petitioner leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997), overruled on other grounds, Jones v. Bock, 549 U.S. 199, 203 (2007). 3. This action is hereby TERMINATED on the Court's docket. IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO By: we WH Taleb JUDGE MATTHEW W. McFARLAND