Case No. 3:16-cv-486
Magistrate Judge Michael R. Merz
AMENDED ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS
The Court has reviewed the Supplemental Report and Recommendations of United States Magistrate Judge Michael R. Merz (ECF No. 65), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Supplemental Report and Recommendations.
Accordingly, it is ORDERED that Petitioner's Motion for Relief from Judgment (ECF No. 58) is DENIED. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. December 5th, 2018.
Walter H. Rice
United States District Judge