Mobley v. Warden, Chillicothe Correctional Institution, No. 3:2009cv00061 - Document 52 (S.D. Ohio 2011)

Court Description: DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations docketed on November 2, 2011 (Doc. # 49 ) is ADOPTED in full; 2. James Mobleys Petition for Writ of Habeas Corpus (Doc. # 1 ) is DENIED and DISMISSED; 3. A certificate of appealability under 28 U.S.C. §2253(c) shall not issue; and 4. The case is terminated on the docket of this Court. Signed by Judge Thomas M Rose on 12/05/11. (pb1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JAMES MOBLEY, Petitioner, : WARDEN, Chillicothe Correctional Institution, Case No. 3:09cv00061 : vs. : District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington : DECISION AND ENTRY : Respondent. The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #49), to whom this case was originally referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby adopts said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations docketed on November 2, 2011 (Doc. #49) is ADOPTED in full; 2. James Mobley s Petition for Writ of Habeas Corpus (Doc. #1) is DENIED and DISMISSED; 3. A certificate of appealability under 28 U.S.C. §2253(c) shall not issue; and 4. The case is terminated on the docket of this Court. December 5, 2011 *s/THOMAS M. ROSE Thomas M. Rose United States District Judge

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