U.S. v. Tunstall

Full title: UNITED STATES OF AMERICA, Plaintiff/Respondent, v. DONNIE TUNSTALL…

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

Date published: Oct 17, 2006

Case Nos. 3:00CR050, 3:04CV001 (S.D. Ohio Oct. 17, 2006)

Opinion

Case Nos. 3:00CR050, 3:04CV001.

October 17, 2006

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON SEPTEMBER 27, 2006 (Doc. #47); DENYING PETITIONER'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE (Doc. #42); DENYING A CERTIFICATE OF APPEALABILITY; AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT

WALTER RICE, District Judge

The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #47), to whom this case was originally 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) has expired, hereby ADOPTS said Report and Recommendations.

It is therefore ORDERED that:

1. The Report and Recommendations filed on September 27, 2006 (Doc. #47) is ADOPTED in full;

2. Petitioner Donnie Tunstall's Motion to Vacate, Set Aside or Correction Sentence (Doc. #42) is DENIED;

3. A certificate of appealability shall not issue; and

4. This case is terminated on the docket of this Court.