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Sylvester Smith v. Tabb Bickell

June 22, 2012

SYLVESTER SMITH,
PETITIONER,
v.
TABB BICKELL, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Eduardo C. Robreno, J.

ORDER AND NOW, this 22nd day of June, 2012, upon consideration of the Report and Recommendation of U.S. Magistrate Judge Hart and Petitioner's objections thereto, it is hereby ORDERED as follows:

(1) The Report and Recommendation (ECF No. 8) is APPROVED and ADOPTED;*fn1

(2) Petitioner's Objections to the Report and Recommendation (ECF No. 10) are OVERRULED;*fn2 Petition challenging his custody. The Court referred the matter to Magistrate Judge Hart, who returned a Report and Recommendation to deny the Habeas Petition on the merits. Petitioner timely objected. The Court now "makes a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1) (Supp. IV 2011).

(3) The Application for a Writ of Habeas Corpus (ECF No. 1) is DENIED and DISMISSED WITH PREJUDICE;

(4) A certificate of appealability shall not issue;*fn3 and

(5) The Clerk shall mark this case CLOSED.

AND IT IS SO ORDERED.

Eduardo C. ...


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