Martin v. Gansheimer

Filing 12

Order and Decision Adopting Report and Recommendation re 7 and dismissing the Petition for Writ of Habeas Corpus (2254), re 1 . The Court certifies that an appeal from this decision cannot be taken in good faith and there is no basis upon which to issue a certificate of appealability. Judge John R. Adams on 4/29/10. (R,Sh)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION RONALD MARTIN, Petitioner, RICH GANSHEIMER, Respondent. ) ) ) ) ) ) ) ) ) ) CASE NO.: 1:09CV856 JUDGE JOHN ADAMS ORDER AND DECISION The Court has examined the Report and Recommended Decision of Magistrate Judge White, submitted in this matter on February 3, 2011. Upon due consideration, and no objections having been filed by the parties, the Court adopts the Report and recommended findings and conclusions of the Magistrate Judge and incorporates them herein. Therefore, it is ordered that petition is hereby DISMISSED. Pursuant to 28 U.S.C § 1915(a)(3), the Court certifies that Petitioner may not take an appeal from the Court’s decision in good faith, and that 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. April 29, 2011 /s/ John R. Adams JUDGE JOHN R. ADAMS UNITED STATES DISTRICT JUDGE

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