Summary
In McKee v. Raines, 10 Wall. 22, the removal, which was held to be unlawful, was made under the supposed authority of the act of March 3d 1863, and that of April 9th, 1866.
Summary of this case from Feibelman v. PackardOpinion
Case No. 1:12CV767
02-26-2014
GERMAINE SHONTE RAINES #221947, Petitioner, v. KENNETH T. MCKEE, Respondent.
Hon. Robert J. Jonker
ORDER
APPROVING AND ADOPTING REPORT AND RECOMMENDATION
The court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties on February 3, 2014. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed February 3, 2014, is approved and adopted as the opinion of the court.
IT IS ORDERED that Respondent's Motion for Summary Judgment (docket #7) is GRANTED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED. See Slack v. McDaniel, 529 U.S. 473 (2000).
___________________
ROBERT J. JONKER
UNITED STATES DISTRICT JUDGE