Olgetree v. Hudson

Filing 17

Memorandum Opinion and Order Adopting Report and Recommendation. Petitioner's motion to vacate, set aside, or correct the sentence is denied. Further, the Court certifies, pursuant to 28 U.S.C. 1915 (a) (3), that an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. 2253(c); Fed.R.App.P.22(b). Signed by Judge Donald C. Nugent on 7/31/2008. (Related doc 1 , 16 )(B,B)

Ogletree v. Hudson

Doc. 17

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION RAYSHAWN OGLETREE, Petitioner, v. STUART HUDSON, Warden, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 1: 07 CV 2816 JUDGE DONALD C. NUGENT MEMORANDUM OPINION AND ORDER

This matter comes before the Court upon the Report and Recommendation of Magistrate Judge David S. Perelman. The Report and Recommendation (ECF # 16) is ADOPTED by this Court, and Petitioner's motion to vacate, set aside, or correct the sentence pursuant to 28 U.S.C. § 2254 (ECF # 1) is DENIED. On May 3, 2005, a jury found Petitioner guilty of one count of murder with a firearm specification, three counts of aggravated robbery with firearm specifications, one count of aggravated burglary with specifications, and one count of engaging in a pattern of corrupt activity. Petitioner was sentenced to an aggregate term of eighteen years to life in prison. Petitioner filed this motion to vacate, set aside, or correct the sentence pursuant to 28 U.S.C. § 2254 on September 18, 2007, raising three grounds for relief. Pursuant to Local Rule 72.2, this matter was referred to Magistrate Judge Perelman for the preparation of a report and recommendation. On June 25, 2008, Magistrate Judge Perelman recommended that this Court dismiss the Petition without further proceedings. Petitioner has not filed any objections to the Report and Recommendation. The Court has reviewed the Report and Recommendation de novo. See Thomas v. Arn, 474 U.S. 140 (1985). The Court finds Magistrate Judge Perelman's Report and

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Recommendation to be well-written, well-supported, and correct. Therefore, the Report and Recommendation (ECF # 16) is ADOPTED in its entirety. Petitioner's motion to vacate, set aside, or correct the sentence is DENIED. Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). IT IS SO ORDERED. s/ Donald C. Nugent DONALD C. NUGENT United States District Judge DATED: July 31, 2008

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