Martin v. USA

Filing 35

Decision and Order - it is hereby ORDERED that: 1. The Report and Recommendations docketed on January 12, 2012 (Doc. # 38 ) is ADOPTED in full;2. Petitioner Teona Martins motion to vacate, set aside or correct sentence (Case # 3:09cr00142, Doc. #[34 ]) is DENIED with prejudice and DISMISSED in its entirety; 3. A certificate of appealability and leave to appeal in forma pauperis is denied; and 4. This matter is TERMINATED on the docket of this Court. Signed by Judge Thomas M Rose on 02/07/12. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TEONA MARTIN,
Petitioner,

:
:

vs.

:

UNITED STATES OF AMERICA,

Case No. 3:11cv00215
Case No. 3:09cr00142
District Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

:

DECISION AND ENTRY
Respondent.

:

The Court has reviewed de novo the Report and Recommendations of United States
Magistrate Judge Sharon L. Ovington (Doc. #38), 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.

The Report and Recommendations docketed on January 12, 2012 (Doc. #38)
is ADOPTED in full;

2.

Petitioner Teona Martin’s motion to vacate, set aside or correct sentence
(Case # 3:09cr00142, Doc. #34) is DENIED with prejudice and DISMISSED
in its entirety;
A certificate of appealability and leave to appeal in forma pauperis is denied;
and

3.

4.

This matter is TERMINATED on the docket of this Court.

February 7, 2012

*s/THOMAS M. ROSE

Thomas M. Rose
United States District Judge