Hunter v. State of Ohio, No. 3:2009cv00055 - Document 12 (S.D. Ohio 2009)
Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 9 ) IN THEIR ENTIRETY, AND OVERRULING PETITIONER'S OBJECTIONS THERETO (DOCS. 10 AND 11 ); JUDGMENT TO BE ENTERED IN FAVOR OF RESPONDENT AND AGAINST PETITIONER, DISMISSING THE PETITION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE; ANY REQUESTED CERTIFICATE OF APPEALABILITY AND REQUEST TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY. Signed by Judge Walter H Rice on 9/14/09. (cib1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON ANN HUNTER, : Petitioner, : vs. Case No. 3:09cv055 : STATE OF OHIO, JUDGE WALTER HERBERT RICE : Respondent. DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #9) IN THEIR ENTIRETY, AND OVERRULING PETITIONER S OBJECTIONS THERETO (DOCS. #10 AND #11); JUDGMENT TO BE ENTERED IN FAVOR OF RESPONDENT AND AGAINST PETITIONER, DISMISSING THE PETITION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE; ANY REQUESTED CERTIFICATE OF APPEALABILITY AND REQUEST TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY Based upon the reasoning and citations of authority set forth by the United States Magistrate Judge, in his Report and Recommendations, filed July 21, 2009 (Doc. #9), as well as upon a thorough de novo review of this Court s file and the applicable law, this Court adopts said Report and Recommendations in their entirety, and overrules the Petitioner s Objections thereto (Docs. #10 and #11). The first four grounds set forth in her Petition for Writ of Habeas Corpus are procedurally defaulted by failure to present them at any time in the state courts. The Petitioner s fifth and sixth grounds are denied on their merits. Judgment is to be entered in favor of the Respondent and against Petitioner herein, dismissing the Petitioner s Petition for Writ of Habeas Corpus with prejudice. Given that reasonable jurists would not disagree with the conclusion reached herein, and that the Petitioner has failed to make out a substantial showing of the denial of a constitutional right, this Court would deny any requested Certificate of Appealability and Request to Appeal In Forma Pauperis. The captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. /s/ Walter Herbert Rice September 14, 2009 Copies to: Ann Hunter, Pro Se Stephanie L. Watson, Esq. Magistrate Judge Michael R. Merz WALTER HERBERT RICE UNITED STATES DISTRICT JUDGE
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