Brock v. Beckstrom
Filing
11
OPINION & ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Motion to Dismiss filed by Gary Beckstrom, 9 Report and Recommendations: (1) The Report and Recommendation [DE 9 ] is ADOPTED as and for the opinion of the Court; (2) Petitioner's ob jections [DE 10 ] are OVERRULED; (3) Petitioner's Petition for a Writ of Habeas Corpus [DE 1 ] is DENIED; (4) A Certificate of Appealability SHALL NOT BE ISSUED; (5) Respondent's Motion to Dismiss [DE 6] is DENIED AS MOOT; and (6) Judgment will be entered contemporaneously with this Opinion and Order. Signed by Judge Karen K. Caldwell on 6/24/11.(SYD)cc: COR, mailed to pro se filer
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
at LONDON
CIVIL ACTION NO. 11-91-KKC-CJS
RICKY ALLEN BROCK
v.
PETITIONER
OPINION & ORDER
GARY BECKSTROM, WARDEN
RESPONDENT
*** *** *** ***
On March 24, 2011, Petitioner Ricky Allen Brock filed a pro se Petition for a Writ
of Habeas Corpus pursuant to 28 U.S.C. § 2254 [DE 1]. Consistent with local practice, this
matter was referred to the United States Magistrate Judge for consideration.
The Magistrate Judge filed a Report and Recommendation on June 3, 2011 [DE 9].
Based on a review of the record and the applicable case law, the Magistrate Judge
recommended that Petitioner Brock’s Petition for a Writ of Habeas Corpus be denied, a
Certificate of Appealability be denied, and this action be stricken from the docket.
This Court must make a de novo determination of those portions of the Magistrate
Judge’s proposed Report and Recommendation to which objection is made. 28 U.S.C. §
636(b)(1)(C). On June 20, 2011, Petitioner Brock filed objections to the Magistrate Judge’s
Report and Recommendation [DE 10]. However, rather than specifically object to portions
of the Report and Recommendation, Petitioner Brock merely states that he “fully objects to
all recommendations made by the Magistrate” [DE 10].
Nevertheless, this Court has given full consideration to the Petitioner’s objections.
Having made a de novo determination, the Court finds the Petitioner’s objections to be
without merit and hereby adopts the Magistrate Judge’s proposed findings of fact and
conclusions of law.
Accordingly, the Court HEREBY ORDERS as follows:
(1)
The Magistrate Judge’s Report and Recommendation [DE 9] is
ADOPTED as and for the opinion of the Court;
(2)
Petitioner’s objections to the Magistrate Judge’s Report and
Recommendation [DE 10] are OVERRULED;
(3)
Petitioner’s Petition for a Writ of Habeas Corpus [DE 1] is DENIED;
(4)
A Certificate of Appealability SHALL NOT BE ISSUED;
(5)
Respondent’s Motion to Dismiss [DE 6] is DENIED AS MOOT; and
(6)
Judgment will be entered contemporaneously with this Opinion and Order.
Dated this 24th day of June, 2011.
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