Poindexter v. Warden Southern Ohio Correctional Facility

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that the Petition is DISMISSED with prejudice. Petitioner is also DENIED leave to appeal in forma pauperis and any request for certificate of appealability.. Signed by Judge Thomas M Rose on 07/20/09. (phil1, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Muhammad Poindexter, Petitioner, - vs Warden Southern Ohio Correctional Facility, Respondent. : : : : Case No. 3:09-cv-33 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. #5), 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 Petition is DISMISSED with prejudice. Petitioner is also DENIED leave to appeal in forma pauperis and any request for certificate of appealability. July 20, 2009. *S/THOMAS M. ROSE Thomas M. Rose United States District Judge

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