Opinion
Case No. 3:15-cv-331
08-22-2016
James A. Russell, Plaintiff, v. Warden, Marion Correctional Institution, Defendant.
DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ (DOC. 24), OVERRULING PETITIONER'S OBJECTIONS TO THE CHIEF MAGISTRATE'S REPORT AND RECOMMENDATIONS, (DOC. 22, 26), DENYING PETITION FOR WRIT OF HABEAS CORPUS, (DOC. 1), AND TERMINATING THE INSTANT CASE.
On March 25, 2016, Magistrate Judge Michael R. Merz filed a Report and Recommendation, (Doc. 20), suggesting that the Court deny Petitioner James A. Russell's Petition for a Writ of Habeas Corpus. (Doc. 1). Petitioner James A. Russell filed Objections to the Magistrate's Report and Recommendations, (Doc. 22), prompting the Magistrate Judge to file a Supplemental Report and Recommendation. (Doc. 24). Petitioner then filed Objections to the Magistrate's Supplemental Report and Recommendation. (Doc. 26).
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, taking into consideration both of Petitioner's objections. Upon said review, the Court finds that Plaintiff's objections, (Docs. 22, 26), to the Magistrate Judge's Supplemental Report and Recommendations, (Doc. 24), are not well taken and they are hereby OVERRULED. Wherefore, the Court ADOPTS IN FULL the Magistrate Judge's Report and Recommendations. (Doc. 24). Petition for a Writ of Habeas Corpus, (Doc. 1), is hereby DISMISSED WITH PREJUDICE.
Because reasonable jurists would not disagree with this conclusion as to Grounds Two through Seven, Petitioner is hereby denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore Petitioner will not be permitted to proceed in forma pauperis.
However, in light of Foster v. Chatman, 587 U.S. ___, 2016 U.S. LEXIS 3486 (2016), Russell's Batson claim would be debatable among reasonable jurists. Petitioner is therefore GRANTED A CERTIFICATE OF APPEALABILITY ON GROUND ONE.
DONE and ORDERED this Monday, August 22, 2016.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE