Ryan v. Thomas

Filing 22

ORDER DENYING MOTION FOR SUMMARY JUDGMENT: The record before the Court does not show that there is no genuine issue as to any material fact and that Petitioner is entitled to habeas relief as a matter of law. Accordingly, Petitioner's Motion for Summary Judgment 21 is DENIED. IT IS SO ORDERED. Signed on 1/18/2012 by Judge Michael W. Mosman. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
TREVOR RYAN,

CV. 11-448-MO
Petitioner,

ORDER DENYING MOTION
FOR SUMMARY JUDGMENT

v.
JEFFREY THOMAS,
Respondent.

MOSMAN, District Judge.
Before this Court is Petitioner's Motion for Summary Judgment
(#21). Petitioner's motion has been properly served on Respondent.
For the reasons that follow, Petitioner's Motion is DENIED.
Pursuant to the Federal Rules of Civil Procedure, a motion for
summary judgment should be granted if the record shows "there is no
genuine issue as to any material fact and that the movant is
entitled to judgment as a matter of law."

Fed. R. Civ. P. 56(c).

The record before the Court does not show that there is no genuine

1 - ORDER DENYING MOTION FOR SUMMARY JUDGMENT

issue as to any material fact and that Petitioner is entitled to
habeas relief as a matter of law. Accordingly, Petitioner's Motion
for Summary Judgment (#21) is DENIED.
IT IS SO ORDERED.
DATED this

18th

day of January, 2012.

/s/ Michael W. Mosman
Michael W. Mosman
United States District Judge

2 - ORDER DENYING MOTION FOR SUMMARY JUDGMENT