Case No. 3:19-cv-00173
Magistrate Judge Michael R. Merz
ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 5); ADOPTING REPORT AND RECOMMENDATIONS (DOC. 4); AND TERMINATING THIS CASE
This case is before the Court on the Response to Reports Filed 6-10-19 ("Objections") (Doc. 5) filed by Petitioner William Dixon ("Dixon"), which this Court construes as written objections to the June 10, 2019 Report and Recommendations ("Report") (Doc. 4). In the Report, Magistrate Judge Michael R. Merz recommended that the Court dismiss Dixon's "Notice of Appeal" (Doc. 3) without prejudice for lack of subject matter jurisdiction.
The "Notice of Appeal" states on its face that Dixon is "Appealing from Ohio Supreme Court 65 South Front St. Columbus Ohio 43215." (Doc. 3 at PAGEID # 7.) The docket in this case identifies that document as a "PETITION for Writ of Habeas Corpus filed by William Dixon." However, as Magistrate Judge Merz states in the Report, Dixon's "Notice of Appeal" (Doc. 3) is "a purported appeal of the decision of the Ohio Supreme Court in that court's Case No. 2019-0470." (Doc. 4 at PAGEID # 10.) --------
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 said review, the Court finds that Dixon's Objections to the Report are not well taken and they are OVERRULED. The Court ADOPTS the Report (Doc. 4) in its entirety and rules as follows:
• The Court DISMISSES the Notice of Appeal (Doc. 3) without prejudice for
lack of subject matter jurisdiction;
• As reasonable jurists would not disagree with this conclusion, Dixon is DENIED a certificate of appealability;
• The Court further CERTIFIES to the Sixth Circuit that any appeal would be objectively frivolous and therefore Dixon should not be permitted to proceed in forma pauperis; and
• The Clerk is ORDERED to terminate this case on the docket of this Court.
DONE and ORDERED in Dayton, Ohio, this Wednesday, July 10, 2019.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE