-CJS Brock v. Beckstrom, No. 6:2011cv00091 - Document 11 (E.D. Ky. 2011)

Court Description: OPINION & ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Motion to Dismiss filed by Gary Beckstrom, 9 Report and Recommendations: (1) The Report and Recommendation [DE 9 ] is ADOPTED as and for the opinion of the Court; (2) Petitioner's ob jections [DE 10 ] are OVERRULED; (3) Petitioner's Petition for a Writ of Habeas Corpus [DE 1 ] is DENIED; (4) A Certificate of Appealability SHALL NOT BE ISSUED; (5) Respondent's Motion to Dismiss [DE 6] is DENIED AS MOOT; and (6) Judgment will be entered contemporaneously with this Opinion and Order. Signed by Judge Karen K. Caldwell on 6/24/11.(SYD)cc: COR, mailed to pro se filer

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at LONDON CIVIL ACTION NO. 11-91-KKC-CJS RICKY ALLEN BROCK v. PETITIONER OPINION & ORDER GARY BECKSTROM, WARDEN RESPONDENT *** *** *** *** On March 24, 2011, Petitioner Ricky Allen Brock filed a pro se Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 [DE 1]. Consistent with local practice, this matter was referred to the United States Magistrate Judge for consideration. The Magistrate Judge filed a Report and Recommendation on June 3, 2011 [DE 9]. Based on a review of the record and the applicable case law, the Magistrate Judge recommended that Petitioner Brock s Petition for a Writ of Habeas Corpus be denied, a Certificate of Appealability be denied, and this action be stricken from the docket. This Court must make a de novo determination of those portions of the Magistrate Judge s proposed Report and Recommendation to which objection is made. 28 U.S.C. § 636(b)(1)(C). On June 20, 2011, Petitioner Brock filed objections to the Magistrate Judge s Report and Recommendation [DE 10]. However, rather than specifically object to portions of the Report and Recommendation, Petitioner Brock merely states that he fully objects to all recommendations made by the Magistrate [DE 10]. Nevertheless, this Court has given full consideration to the Petitioner s objections. Having made a de novo determination, the Court finds the Petitioner s objections to be without merit and hereby adopts the Magistrate Judge s proposed findings of fact and conclusions of law. Accordingly, the Court HEREBY ORDERS as follows: (1) The Magistrate Judge s Report and Recommendation [DE 9] is ADOPTED as and for the opinion of the Court; (2) Petitioner s objections to the Magistrate Judge s Report and Recommendation [DE 10] are OVERRULED; (3) Petitioner s Petition for a Writ of Habeas Corpus [DE 1] is DENIED; (4) A Certificate of Appealability SHALL NOT BE ISSUED; (5) Respondent s Motion to Dismiss [DE 6] is DENIED AS MOOT; and (6) Judgment will be entered contemporaneously with this Opinion and Order. Dated this 24th day of June, 2011.

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