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David Cleaves v. Louis Folinio

September 28, 2012

DAVID CLEAVES, PETITIONER,
v.
LOUIS FOLINIO, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER AND NOW, this 28th day of September 2012, after a careful and independent de novo review of the Report and Recommendation (Doc. No. 11), Petitioner's Objections (Doc. No. 14), and the entire record in this case, and for the reasons stated in the accompanying opinion, it is hereby ORDERED as follows:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. The Petition (Doc. No. 1) is DENIED;

3. Petitioner's Objections are OVERRULED; and

4. A Certificate of Appealability SHALL NOT ISSUE. The Clerk of Court is directed to CLOSE this case.

It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe

20120928

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