Loving v. Commonwealth of Kentucky

Filing 16

ORDER adopting Report and Recommendations re 14 Report and Recommendations and granting 10 Motion to Dismiss signed by Chief Judge Thomas B. Russell on 8/31/2009. The 2254 petition is dismissed with prejudice. A Certificate of Appealability is denied. cc: Petitioner pro se, Counsel, Secretary to USMJ Goebel (LMW)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY BOWLING GREEN DIVISION CIVIL ACTION NO. 1:08CV-00170-TBR DERRICK SANCHO LOVING VS. NANCY DOOM, Warden ORDER The above matter having been referred to the United States Magistrate Judge, who has filed his Findings of Fact and Conclusions of Law, objections having been filed thereto, and the Court having considered the same, adopts the Findings of Fact and Conclusions of Law as set forth in the report submitted by the United States Magistrate Judge. IT IS THEREFORE ORDERED that Respondent's motion to dismiss (DN 10) is GRANTED and the 2254 petition is DISMISSED with prejudice. A Certification of Appealability is DENIED. RESPONDENT PETITIONER August 31, 2009 Copies to: Petitioner, pro se Counsel of Record