Ryan v. Thomas

Full title: TREVOR RYAN, Petitioner, v. JEFFREY THOMAS, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Jan 18, 2012

CV. 11-448-MO (D. Or. Jan. 18, 2012)

Opinion

CV. 11-448-MO

01-18-2012

TREVOR RYAN, Petitioner, v. JEFFREY THOMAS, Respondent.

Michael W. Mosman

ORDER DENYING MOTION

FOR SUMMARY JUDGMENT

MOSMAN, District Judge.

Before this Court is Petitioner's Motion for Summary Judgment (#21). Petitioner's motion has been properly served on Respondent. For the reasons that follow, Petitioner's Motion is DENIED.

Pursuant to the Federal Rules of Civil Procedure, a motion for summary judgment should be granted if the record shows "there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). The record before the Court does not show that there is no genuine issue as to any material fact and that Petitioner is entitled to habeas relief as a matter of law. Accordingly, Petitioner's Motion for Summary Judgment (#21) is DENIED.

IT IS SO ORDERED.

______________________

Michael W. Mosman

United States District Judge