Sulek v. Warden Lebanon Correctional Institution, No. 3:2006cv00238 - Document 10 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY ADOPTING IN FULL THE REPORT AND RECOMMENDATIONS FILED ON JUNE 4, 2009 (Doc. 8 ; DENYING AND DISMISSING KEITH SULEK'S PETITION FOR WRIT OF HABEAS CORPUS (Doc. 1 ); DENYING AS MOOT PETITIONER'S MOTION FOR WRIT OF MANDAMUS (Doc. 9 ); AND TERMINATING THIS CASE ON THE DOCKET OF THE COURT. Signed by Judge Walter H Rice on 6/23/2009. (jdf1)

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fF1t.EO Jf.\HES BONINI IN THE UNITED STATES DISTRICT COURT r\EF;~ FOR THE SOUTHERN DISTRICT OF OHIO n JUN 2.l!) PH WESTERN DIVISION AT DAYTON 290, ,J 't 49 U,S ¢ ",.: ,;J~'r (':"URT ;~ ,.Jv SOUTHERN DIST 9H10 WESTERN DN DI':(TON l./l...J KEITH SULEK, l . ¢ ... l ... Petitioner, Case No. 3:06cv00238 District Judge Walter Herbert Rice Magistrate Judge Sharon L. Ovington vs. TIM BRUNSMAN, Warden, Lebanon Correctional Institution, Respondent. DECISION AND ENTRY ADOPTING IN FULL THE REPORT AND RECOMMENDATIONS FILED ON JUNE 4,2009 (Doc. #8); DENYING AND DISMISSING KEITH SULEK'S PETITION FOR WRIT OF HABEAS CORPUS (Doc. #1); DENYING AS MOOT PETITIONER'S MOTION FOR WRIT OF MANDAMUS (Doc. #9); AND TERMINATING 'THIS CASE ON THE DOCKET OF THE COURT The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #8), 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 in full said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on June 4,2009 (Doc. #8) is ADOPTED in full; 2. Keith Sulek's Petition for Writ of Habeas Corpus (Doc. #1) is DENIED and DISMISSED; 3. Petitioner's Motion for Writ of Mandamus (Doc. #9) is DENIED as moot; and 4. This case is terminated on the docket of the Court. Walter Herbert Rice United States District Judge 2

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