Davidson v. Von Blanchensee

Filing 10

ORDER ADOPTING IN PART REPORT AND RECOMMENDATION: the Court finds that Magistrate Judge Seibert's 8 Report and Recommendation should be, and is hereby ADOPTED IN PART. The Court ORDERS that the Petitioner's 28 U.S.C. § 2241 1 petit ion is DENIED and DISMISSED with PREJUDICE. The Court further ORDERS that the Petitioner's 7 Motion to Amend is DENIED as MOOT. The Court ORDERS this case STRICKEN from its active docket. The Clerk is DIRECTED to enter a separate judgment or der in favor of the Respondent. As a final matter, upon an independent review of the record, this Court hereby DENIES Petitioner a Certificate of Appealability, finding that he has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2). Signed by Chief Judge Gina M. Groh on 1/6/2017. Copy mailed to pro se petitioner by CMRR. (cwm) (Additional attachment(s) added on 1/6/2017: # 1 Certified Mail Return Receipt) (cwm).