Kvasne v. Collins et al, No. 1:2008cv02019 - Document 21 (N.D. Ohio 2010)

Court Description: Order Adopting Report and Recommendation. For the reasons set forward in this Court's 20 memorandum opinion and order, it is ORDERED that the Magistrate Judge's Report and Recommendation is ADOPTED, except as noted in Part II of t he memorandum opinion and order; and IT IS FURTHER ORDERED that Petitioner Joseph Kvasne's petition for a writ of habeas corpus, is GRANTED with respect to Claim One, and DENIED with respect to Claims Two and Three. Finally, the Court certifies , pursuant to 28 U.S.C. Section 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. Signed by Judge Peter C. Economus on 8/10/2010. Related documents 1 , 14 , 20 . (H,LA)

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Kvasne v. Collins et al Doc. 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JOSEPH KVASNE, Petitioner, v. TERRY COLLINS, Director, DRC, et al., Respondent. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:08CV2019 JUDGE PETER C. ECONOMUS JUDGMENT The instant matter is before the Court upon a petition for a writ of habeas corpus filed by Joseph Kvasne, pursuant to 28 U.S.C. § 2254. (Dkt. # 1). The Court construed Claim One of the petition as seeking relief pursuant to 28 U.S.C. § 2241. For the reasons set forward in this Court’s memorandum opinion and order of August 10, 2010, (Dkt. # 20), it is ORDERED that the Magistrate Judge’s Report and Recommendation is ADOPTED, except as noted in Part II of the memorandum opinion and order; and IT IS FURTHER ORDERED that Petitioner Joseph Kvasne’s petition for a writ of habeas corpus, pursuant to 28 U.S.C. §§ 2241, 2254, (Dkt. # 1) is GRANTED with respect to Claim One, and DENIED with respect to Claims Two and Three. (Dkt. # 1). Dockets.Justia.com Finally, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b). IT IS SO ORDERED. /s/ Peter C. Economus – August 10, 2010 PETER C. ECONOMUS UNITED STATES DISTRICT JUDGE

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