Smithhart v. Gutierrez

Full title: CHRISTOPHER SMITHHART, Petitioner, v. DOMINIC GUTIERREZ, Respondent

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

Date published: Dec 21, 2006

Civil Action No. 3:06CV11 (N.D.W. Va. Dec. 21, 2006)

Opinion

Civil Action No. 3:06CV11.

December 21, 2006

ORDER ADOPTING REPORT AND RECOMMENDATION ON PETITIONER'S MOTION FOR INJUNCTIVE RELIEF AND FOR RELEASE ON BOND

IRENE KEELEY, District Judge

This matter is now before the Court for consideration of the Report and Recommendation of Magistrate Judge James E. Seibert on Petitioner's Motion for Injunctive Relief and for Release on Bond (Doc. No. 11), dated March 24, 2005. Neither party filed objections to the Report and Recommendation of the Magistrate Judge. Pursuant to 28 U.S.C. § 636(b)(1), this Court conducted a de novo review of the above. As a result, the Court is of the opinion that the Magistrate Judge's Report and Recommendation (Doc. No. 11) should be, and is hereby, ORDERED adopted.

Accordingly, it is further ORDERED that:

1. Petitioner's Motion for Temporary Restraining Order and/or Protective Order (Doc. No. 8) is DENIED; and

2. Petitioner's Motion for Release on Bond (Doc. No. 8) is DENIED.

It is so ORDERED.

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