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LITERAL v. WARDEN, 1:11cv0094 (WOB-MRM). (2012)

Court: District Court, S.D. Ohio Number: infdco20120117b31 Visitors: 14
Filed: Jan. 17, 2012
Latest Update: Jan. 17, 2012
Summary: ORDER WILLIAM O. BERTELSMAN, District Judge. This matter is before the Court on the Report and Recommendation (Doc. #20) of the Magistrate Judge, and there being no objections filed thereto by petitioner, and the Court being sufficiently advised, IT IS ORDERED that the Report and Recommendation be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that the petition for writ of habeas corpus be, and it hereby is, denied ; that this matter be dismissed
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ORDER

WILLIAM O. BERTELSMAN, District Judge.

This matter is before the Court on the Report and Recommendation (Doc. #20) of the Magistrate Judge, and there being no objections filed thereto by petitioner, and the Court being sufficiently advised,

IT IS ORDERED that the Report and Recommendation be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that the petition for writ of habeas corpus be, and it hereby is, denied; that this matter be dismissed, with prejudice, and stricken from the docket of this court. A separate Judgment shall enter concurrently herewith.

IT IS FURTHER ORDERED that, in light of the reasons stated in the Report and Recommendation of the Magistrate Judge, there would be no arguable merit for an appeal in this matter and, therefore, an appeal would not be taken in "good faith" within the meaning of Section 1915(a), and no Certificate of Appealability shall issue herein.

Source:  Leagle

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