Opinion
Case No. 3:00CV00491.
July 30, 2008
DECISION AND ORDER
This case is before the Court upon Petitioner's Objections (Doc. #120) to the Notice and Order of United States Magistrate Judge Sharon L. Ovington (Doc. #115). The Notice Order denied Petitioner's Renewed Motion to Enforce Judgment (Doc. #105). This case is also before the Court upon the Report and Recommendations (Doc. #128), which recommended granting in part and denying in part Petitioner's Motion to be Discharged from Federal Supervision and for an Order Prohibiting Petitioner from Being Retried by the State of Ohio (Doc. #126). Petitioner has not filed Objections to the Report and Recommendations. The time for filing such Objections under Fed.R.Civ.P. 72(b) has expired.
As required by 28 U.S.C. § 636(b) and Fed.R.Civ.P. 72(b), this District Judge has conducted a de novo review of the record in this case and hereby finds that Petitioner's Objections to the Notice and Order are not well taken. And, noting that no Objections have been filed to the Report and Recommendations (Doc. #128), and further noting 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. Petitioner's Objections (Doc. #120) are OVERRULED, and Petitioner's Renewed Motion to Enforce Judgment (Doc. #105) is DENIED;
2. The Report and Recommendations filed on July 11, 2008 (Doc. #128) is ADOPTED in full;
3. Petitioner's Motion to be Discharged from Federal Supervision (Doc. #126) is GRANTED, and Petitioner is released from the bond and its accompanying conditions;
4. Petitioner's Motion for an Order Prohibiting Petitioner from Being Retried by the State of Ohio (Doc. #126) is DENIED; and
5. The State of Ohio is directed to either retry Petitioner on or before October 27, 2008 or forego further retrial of Petitioner on the criminal charges underlying this case.