Jordan v. Warden, Ross Correctional Institution

Filing 13

DECISION AND ENTRY - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on November 9, 2010 (Doc. # 12 ) is ADOPTED in full; 2. Petitioners Motion for Summary Judgment (Doc. # 9 ) is DENIED; 3. David P. Jordan's Pe tition for Writ of Habeas Corpus (Doc. # 2 ) is DENIED and DISMISSED. 4. A certificate of appealability under 28 U.S.C. § 2253(c) shall not issue; and 5. The case is terminated on the docket of this Court. Signed by Judge Thomas M Rose on 11/30/10. (pb1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

DAVID P. JORDAN, Petitioner, vs. MICHAEL SHEETS, Warden, Ross Correctional Institution, Respondent.

: : : : : : Case No. 3:08cv00252 District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington

DECISION AND ENTRY
The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #12), to whom this case was originally 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: 1. 2. 3. The Report and Recommendations filed on November 9, 2010 (Doc. #12) is ADOPTED in full; Petitioner's Motion for Summary Judgment (Doc. #9) is DENIED; David P. Jordan's Petition for Writ of Habeas Corpus (Doc. #2) is DENIED and DISMISSED;

4. 5.

A certificate of appealability under 28 U.S.C. § 2253(c) shall not issue; and The case is terminated on the docket of this Court.
*s/THOMAS M. ROSE

November 30, 2010

Thomas M. Rose United States District Judge

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