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Jenkins v. Hurley

United States District Court, S.D. Ohio, Western Division
Mar 13, 2006
Case No. 3-:03-CV-181 (S.D. Ohio Mar. 13, 2006)

Opinion

Case No. 3-:03-CV-181.

March 13, 2006.


ENTRY AND ORDER OVERRULING WILLIE JENKINS'S OBJECTIONS (Doc. #20) TO MAGISTRATE JUDGE SHARON L. OVINGTON'S REPORT AND RECOMMENDATIONS (Doc. #19); ADOPTING MAGISTRATE JUDGE OVINGTON'S REPORT AND RECOMMENDATIONS AND REMANDING THIS MATTER TO MAGISTRATE JUDGE OVINGTON


This case is before the Court pursuant to Petitioner Willie Jenkins's Objections (doc. #20) to the Report and Recommendations of Magistrate Judge Sharon L. Ovington (doc. #19). The Report and Recommendations was filed on December 15, 2005 and the Objections were filed on January 3, 2006.

The Report and Recommendations address issues regarding Willie Jenkins's Petition for a Writ of Habeas Corpus filed on May 23, 2003. The Warden did not file objections to the Report and Recommendations and did not file a response to Willie Jenkins's Objections.

As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the District Judge has made a de novo review of the record in this case. Upon said review, the Court finds that Willie Jenkins's objections to the Magistrate Judge's Report and Recommendations are not well-taken and they are hereby OVERRULED. Accordingly, the Magistrate Judge's Report and Recommendations is ADOPTED.

Willie Jenkins's Petition for a Writ of Habeas Corpus is not dismissed as time barred. Further, Willie Jenkins's Motion for Evidentiary Hearing (doc. #18) is denied and his claim of actual innocense is dismissed. Finally, this matter is remanded to Magistrate Judge Ovington for further proceedings.

DONE and ORDERED.


Summaries of

Jenkins v. Hurley

United States District Court, S.D. Ohio, Western Division
Mar 13, 2006
Case No. 3-:03-CV-181 (S.D. Ohio Mar. 13, 2006)
Case details for

Jenkins v. Hurley

Case Details

Full title:WILLIE JENKINS, Plaintiff, v. PAT HURLEY, WARDEN, ROSS CORRECTIONAL…

Court:United States District Court, S.D. Ohio, Western Division

Date published: Mar 13, 2006

Citations

Case No. 3-:03-CV-181 (S.D. Ohio Mar. 13, 2006)

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