Filing 23

ORDER granting Respondent's 14 Motion to Dismiss, Motion for Summary Judgment; adopting Magistrate Kaull's 20 Report and Recommendation; Petitioner's 1 Petition shall be denied and dismissed with prejudice. Judgment shall be ent ered for the Respondent. This action shall be stricken from the docket. Notice of appeal must be received within 30 days, along with $455.00, or seek leave to appeal in forma pauperis. Signed by Senior Judge Robert E. Maxwell on 6/23/09. (copy Petitioner [7009 0080 0001 9670 7239])(cnd) (Additional attachment(s) added on 6/23/2009: # 1 Certified Mail Receipt label) (cnd).

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