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07-153 - Rowe v. Motley


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07-153 - Rowe v. Motley
September 30, 2008
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MEMORANDUM OPINION & ORDER: it is ORDERED as follows: 1. Report and Recommendation, R. 18, is ADOPTED. 2. Kevin Rowe's objections, R. 20, to Report and Recommendation are OVERRULED. 3. Rowe's Petition for a Writ of Habeas Corpus, R. 1, is DENIED. 4. John Motleys Motion to Dismiss, R. 11, and Motion for Summary Judgment, R. 12, are DENIED AS MOOT. 5. The Court recommends that a Certificate of Appealability not issue on any claim raised by Rowe in his Petition. See 28 U.S.C. ยง2253(c). 6. A separate judgment will be entered contemporaneously with this Memorandum Opinion and Order.. Signed by Judge Amul R. Thapar on 9/30/08.(MCB)cc: COR w/NOE
September 30, 2008
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JUDGMENT: the Court ORDERS and ADJUDGES as follows: 1. JUDGMENT is ent in favor of Respondent with respect to all claims raised in action by Petitioner. 2. This matter is DISMISSED WITH PREJUDICE and is STRICKEN from the Courts docket. 3. This is a final and appealable Judgment, but no certificate of appealability shall issue. Signed by Judge Amul R. Thapar on 9/30/08.(MCB)cc: COR w/NOE