Summary
finding no merit to ex post facto challenge where crime committed before Foster, but sentenced imposed after Foster decided
Summary of this case from Wright v. LazaroffOpinion
Case No. 3:08-cv-322.
October 10, 2008
ORDER ADOPTING REPORT AND RECOMMENDATIONS
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. No. 3), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired on October 2, 2008, hereby ADOPTS said Report and Recommendations.
It is therefore ORDERED that the Petition herein be dismissed with prejudice and Petitioner denied any request for certificate of appealability or to appeal in forma pauperis.