Calderon v. Warden Toledo Correctional Institution

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION 8 : This action is Dismissed. Signed by Judge John D. Holschuh on 3/23/2009. (sln )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION JOSE H. CALDERON, Petitioner, v. CARL ANDERSON, Warden, Respondent. OPINION AND ORDER On February 11, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 be dismissed. Petitioner has filed objections to the Magistrate Judge's Report and Recommendation. Petitioner argues that the evidence was constitutionally insufficient to sustain his convictions. Other portions of petitioner's objections are indecipherable. Pursuant to 28 U.S.C. 636(b), this Court has conducted a de novo review of the Magistrate Judge's Report and Recommendation. For the reasons detailed therein, petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and CASE NO. 2:07-cv-1280 JUDGE HOLSCHUH MAGISTRATE JUDGE KING

AFFIRMED. This action is hereby DISMISSED. IT IS SO ORDERED. Date: March 23, 2009 /s/ John D. Holschuh JOHN D. HOLSCHUH United States District Judge