Mccrary v. Warden, Madison Correctional Institution
| Gregory Mccrary |
| Warden, Madison Correctional Institution |
| 3:2012cv00228 |
| July 11, 2012 |
| U.S. District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R Merz |
| Thomas M Rose |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
9
ORDER ADOPTING REPORT AND RECOMMENDATIONS The Court has reviewed the Report and Recommendation (Doc. 3 ) and the Supplemental Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. 7 ), to whom this case was referred pur suant to 28 U.S.C. 636(b), and noting that noobjections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Reports and Recommendations. Accordingly, it is hereby ORDERED th at the Petition is DISMISSED without prejudice. Petitioner is also DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous. Signed by Judge Thomas M Rose on 10/16/12. (kje1)
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Filing
7
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that the Petition be dismissed with prejudice Objections to R&R due by 9/14/2012. Signed by Magistrate Judge Michael R Merz on 8/28/2012. (kpf1)
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Filing
3
REPORT AND RECOMMENDATIONS The Ohio courts identified the appropriate governing federal law and their application of it was not objectively unreasonable. Therefore it is entitled to deference by this Court. ThePetition should therefore be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Mr. McCrary should be denied a certificate of appealability and this Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 7/30/2012. Signed by Magistrate Judge Michael R Merz on 07/12/2012. (kf)
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| Respondent: Warden, Madison Correctional Institution | |
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| Petitioner: Gregory Mccrary | |
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