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JAMISON v. WARDEN, 3:09-cv-297. (2012)

Court: District Court, S.D. Ohio Number: infdco20120412d12 Visitors: 14
Filed: Apr. 10, 2012
Latest Update: Apr. 10, 2012
Summary: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #28) IN THEIR ENTIRETY; OVERRULING PETITIONER'S OBJECTION THERETO (DOC. #32); OVERRULING PETITIONER'S MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS (DOC. #26) AND PETITIONER'S REQUEST FOR AN EXTENSION OF TIME TO APPEAL (DOC. #27) WALTER HERBERT RICE, District Judge. Based on the reasoning and citations of authority set forth in the Report and Recommendations of the United States Magistrate Judge, fi
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #28) IN THEIR ENTIRETY; OVERRULING PETITIONER'S OBJECTION THERETO (DOC. #32); OVERRULING PETITIONER'S MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS (DOC. #26) AND PETITIONER'S REQUEST FOR AN EXTENSION OF TIME TO APPEAL (DOC. #27)

WALTER HERBERT RICE, District Judge.

Based on the reasoning and citations of authority set forth in the Report and Recommendations of the United States Magistrate Judge, filed February 29, 2012 (Doc. #28), as well as on a thorough de novo review of this Court's file and the applicable law, said judicial filing is adopted in its entirety. Petitioner's objection to the Report and Recommendations (Doc. #32) is overruled.

Given that any appeal from this Court's opinion would be objectively frivolous, Petitioner's motion for leave to appeal in forma pauperis (Doc. #26) is overruled, as is his "Belated Notice of Appeal," (Doc. #27) which the Court has construed as a request for an extension of time to appeal.

Source:  Leagle

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