Opinion

Brown v. Warden, London Correctional Institution

Court
District Court, S.D. Ohio
Filed
Nov 8, 2024
Cited by
0 cases
Authority
More cited than 32.9%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

CHRISTOPHER D. BROWN,

Petitioner, Case No. 3:23-cv-305

vs.

WARDEN, London Correctional District Judge Michael J. Newman

Institution, Magistrate Judge Michael R. Merz

Respondent.

______________________________________________________________________________

ORDER: (1) OVERRULING PETITIONER’S OBJECTIONS (Doc. No. 15) TO THE

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION; (2) ADOPTING THE

REPORT AND RECOMMENDATION (Doc. No. 12); (3) DISMISSING WITH PREJUDICE

THE PETITION FOR WRIT OF HABEAS CORPUS (Doc. No. 3); (3) DENYING ANY

REQUESTED CERTIFICATE OF APPEALABILITY; (4) CERTIFYING THAT AN

APPEAL OF THIS ORDER WOULD BE OBJECTIVELY FRIVOLOUS AND FINDING

THAT PETITIONER SHOULD BE DENIED IN FORMA PAUPERIS STATUS ON

APPEAL; (5) AND TERMINATING THIS CASE ON THE DOCKET

______________________________________________________________________________

Petitioner Christopher D. Brown brings this case pro se seeking a writ of habeas corpus,

pursuant to 28 U.S.C. § 2254.1 Doc. No. 3. The case is before the Court upon the Report and

Recommendation of United States Magistrate Judge Michael R. Merz (Doc. No. 12), to whom this

case was referred pursuant to 28 U.S.C. § 636(b). Judge Merz recommends that this Court dismiss

the petition with prejudice. Doc. No. 8 at PageID 607. Petitioner timely filed objections to the Report

and Recommendation. Doc. No. 15. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b),

the Court has reviewed Judge Merz’s comprehensive findings and considered de novo all filings in

this matter, including Petitioner’s objections.

1 The Court liberally construes Petitioner’s pro se filings in his favor. See Estelle v. Gamble, 429 U.S. 97, 106

(1976); see also Mayes v. Warden, Chillicothe Corr. Inst., No. 3:22-cv-313, 2024 WL 3163957, at *1 (S.D.

Ohio June 25, 2024).

Upon careful de novo review of the foregoing, the Court determines that the Judge Merz’s

Report and Recommendation applies the correct law, is well reasoned, and should be ADOPTED.

Accordingly, Petitioner’s Objections are OVERRULED, the Report and Recommendation is

ADOPTED, and the Petition is DISMISSED. Petitioner is DENIED any requested certificate of

appealability, and the Court hereby CERTIFIES to the United States Court of Appeals for the Sixth

Circuit that an appeal of this Order would be objectively frivolous and, therefore, Petitioner should

not be permitted to proceed in forma pauperis.

IT IS SO ORDERED.

November 8, 2024 s/Michael J. Newman

Hon. Michael J. Newman

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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