December 19, 2013
RICHARD RUH, Plaintiff,
MICHAEL HARLOW, et al. Defendants.
CYNTHIA M. RUFE, District Judge.
AND NOW, this 18th day of December 2013, after careful and independent consideration of the petition for a writ of habeas corpus and of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice (Doc. No. 12) ("R&R"), to which no objections have been filed, and the entire record in this case, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED in part and MODIFIED in part;
2. The Petition (Doc. No. 1) is DENIED with prejudice; and
3. A Certificate of Appealability SHALL NOT ISSUE.
The Clerk of Court is directed to CLOSE this case.
It is so ORDERED.