Carver v. Warden, Marion Correctional Institution, No. 3:2010cv00038 - Document 22 (S.D. Ohio 2011)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONSOF UNITED STATES MAGISTRATE JUDGE (DOC. # 14 ) IN THEIR ENTIRETY; OVERRULING PETITIONER'S OBJECTIONS THERETO (DOC. # 18 ); OVERRULING RESPONDENT'S OBJECTIONS THERETO (DOC. # 15 ); DISMIS SING GROUND SEVEN OF PETITION WITHOUTPREJUDICE, AND DISMISSING ALL OTHER GROUNDS WITH PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF RESPONDENT AND AGAINST PETITIONER; GRANTING CERTIFICATE OF APPEALABILITY WITH REGARD TO GROUND FIVE AND DENYING SAME AS TO ALLOTHER GROUNDS; REQUEST TO APPEAL IN FORMA PAUPERIS GRANTED AS TO GROUND FIVE AND DENIED AS TO ALL OTHER GROUNDS; TERMINATION ENTRY. Signed by Judge Walter H Rice on 09/22/11. (pb1)