Slagle v. Court of Common Pleas of Montgomery County, Ohio

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS: the Petitioner's Motion for Certificate of Appealability is GRANTED. Signed by Judge Thomas M Rose on 11/20/09. (bac1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON John W. Slagle, Petitioner, - vs Court of Common Pleas of Montgomery County, Ohio. Respondent. : : : : Case No. 3:08-cv-146 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz ORDER ADOPTING REPORT AND RECOMMENDATIONS The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #45), to whom this case was referred pursuant to 28 U.S.C. 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that the Petitioner's Motion for Certificate of Appealability is GRANTED. November 20, 2009. THOMAS M. ROSE Thomas M. Rose United States District Judge

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