Cross v. Gutierrez

Full title: EZEKIEL C. CROSS, JR., Petitioner, v. DOMINIC A. GUTIERREZ, Respondent

Court: United States District Court, N.D. West Virginia, Martinsburg

Date published: Aug 18, 2005

Civil Action No. 1:04CV218 (N.D.W. Va. Aug. 18, 2005)

Opinion

Civil Action No. 1:04CV218.

August 18, 2005

ORDER ADOPTING REPORT AND RECOMMENDATION

W. CRAIG BROADWATER, District Judge

On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge John S. Kaull, dated June 3, 2005, and Petitioner's objections thereto filed on June 15, 2005. After conducting a de novo review in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be and is hereby ORDERED adopted.

Petitioner's objections did not raise issues that were not addressed by and disposed of by the Report and Recommendation. The Court therefore ORDERS that the petition be DENIED and DISMISSED WITH PREJUDICE based on the reasons set forth in the Magistrate Judge's Report and Recommendation. It is further ORDERED that this action be and is hereby STRICKEN from the active docket of this Court and Respondent's motion to take judicial notice (Docket number 7) is hereby DENIED.

The Clerk is directed to transmit true copies of this Order to the petitioner and all counsel of record herein.