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ESTRADA-LOPEZ v. CRUTCHFIELD, 1:13cv600. (2014)

Court: District Court, S.D. Ohio Number: infdco20141020826 Visitors: 4
Filed: Oct. 17, 2014
Latest Update: Oct. 17, 2014
Summary: ORDER SUSAN J. DLOTT, Chief District Judge. This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Michael R. Merz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on September 16, 2014 a Report and Recommendations (Doc. 14). Subsequently, the petitioner filed objections to such Report and Recommendation (
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ORDER

SUSAN J. DLOTT, Chief District Judge.

This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Michael R. Merz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on September 16, 2014 a Report and Recommendations (Doc. 14). Subsequently, the petitioner filed objections to such Report and Recommendation (Doc. 15).

The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendation should be adopted.

Accordingly, the petition is DISMISSED with prejudice. Because of the uncertain state of the law in applying Melendez-Diaz, petitioner is granted a certificate of appealability and allowed to appeal in forma pauperis.

IT IS SO ORDERED.

Source:  Leagle

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