Although the Court dismissed the Petition on August 27, 2018, it does not
appear that Judgment was entered. Accordingly, the Clerk shall now enter
Judgment in favor of Respondents and against Petitioner. Again, Petitioner is
denied any requested certificate of appealability and the Court again certifies to the
United States Court of Appeals that any appeal would be objectively frivolous;
therefore, Petitioner should not be permitted to appeal in forma pauperis.

The above-captioned case shall remain terminated on the Court's docket.

\ ;
Date: October 16, 2018 Lee

WALTER H. RICE
UNITED STATES DISTRICT JUDGE



IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

DUSTIN GLENN,

Petitioner,
v. . Case No. 3:17-cv-435

PREBLE COUNTY SHERIFF JUDGE WALTER H. RICE
DEPARTMENT, et a/.,

Respondents.

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #60) AND
SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #63);
OVERRULING PETITIONER’S OBJECTIONS THERETO (DOCS. #61,
64); OVERRULING PETITIONER’S EMERGENCY MOTION FOR
RECONSIDERATION (DOC. #59); DENYING CERTIFICATE OF
APPEALABILITY AND LEAVE TO APPEAL /N FORMA PAUPERIS;
JUDGMENT TO ENTER IN FAVOR OF RESPONDENTS AND
AGAINST PETITIONER; CASE TO REMAIN TERMINATED

On August 27, 2018, the Court issued an Order, Doc. #58, adopting United
States Magistrate Judge Michael Merz’s Report and Recommendations, Doc. #50,
and dismissing the Petition for Writ of Habeas Corpus. At that time, the Court
noted the Petitioner had been granted two extensions of time to file Objections to
the Report and Recommendations, but no Objections had been filed.

On September 10, 2018, Petitioner filed an Emergency Motion for
Reconsideration, Doc. #59, claiming that he had been detained at the Correctional

Reception Institution (“CRC”) for the past 30 days and did not receive either order


granting him an extension of time to file Objections. He urged the Court to
reconsider its order adopting the Report and Recommendations and ask the Clerk
to forward the last two orders to an address in Shaker Heights, Ohio.

On September 11, 2018, Magistrate Judge Merz issued another Report and
Recommendations, Doc. #60, recommending that the Court overrule Petitioner's
Emergency Motion for Reconsideration. He noted that the previous orders were
sent to the same Shaker Heights address given by Petitioner and neither was
returned to the Court as undeliverable. Moreover, even though Petitioner is
incarcerated at CRC, he somehow got notice that his Petition had been dismissed.
Magistrate Judge Merz further noted that, although Petitioner was given as much
time as he requested to file Objections, he failed to file anything within the time
allotted.

Petitioner apparently received a copy of the September 11, 2018, Report
and Recommendations, which was sent to the same Shaker Heights address. This
is evidenced by the fact that he filed timely Objections to it. Doc. #61. He again
asked that he be sent copies of the last several Orders and be given the
opportunity to “file a reply to the pending Motion to Dismiss filed by
Respondents.”

The undersigned recommitted the matter to Magistrate Judge Merz, who
issued a Supplemental Report and Recommendations, Doc. #63, noting that

Petitioner still offers no substantive objections but seeks yet another extension of


time. Magistrate Judge Merz again recommended that the Court overrule the
Emergency Motion for Reconsideration.

Petitioner filed timely Objections to the Supplemental Report and
Recommendations, Doc. #64, arguing that he has not had an adequate opportunity
to file Objections. He again asks for copies of probate court records to support his
Objections.

Based on the reasoning and citations of authority set forth by Magistrate
Judge Merz in his Report and Recommendations, Doc. #60, and his Supplemental
Report and Recommendations, Doc. #63, and on a thorough de novo review of this
Court's file and the applicable law, the Court ADOPTS said judicial filings and
OVERRULES Petitioner’s Objections thereto, Docs. ##61, 64.

As Magistrate Judge Merz held in his August 3, 2018, Supplemental
Memorandum and Order, Doc. #57, if Petitioner wanted copies of his probate court
records, he had to request them directly from the probate court. Moreover,
Petitioner was given ample opportunity to file Objections to the June 20, 2018,
Report and Recommendations, Doc. #50, recommending that the Petition be
dismissed with prejudice. When he failed to file Objections within the time
allotted, the Court adopted that Report and Recommendations and dismissed the
Petition with prejudice. Doc. #58. For the reasons stated by Magistrate Judge
Merz, the Court finds that Petitioner’s complaints, that he did not receive copies of
subsequent court orders, lack merit. Accordingly, Petitioner's Emergency Motion

for Reconsideration, Doc. #59, is OVERRULED.