Civil Action No. 3:10-cv-336
JUDGMENT IN A CIVIL ACTION
The court has ordered that (check one):
 the plaintiff (name) ____ recover from the defendant (name) ____ the amount of dollars ($ ____), which includes prejudgment interest at the rate of ____ %, plus postjudgment interest at the rate of ____ %, along with costs.
 the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name) ____ recover costs from the plaintiff (name) ____
[√] other: that Plaintiff, Dale Driscoll take nothing and that the Petition for Writ of Habeas Corpus is DISMISSED as Procedurally Defaulted and Upon the Merits. Petitioner's anticipated Request to Appeal In Forma Pauperis and for Certificate of Appealability is DENIED.
This action was (check one):
 tried by a jury with Judge ____ presiding, and the jury has rendered a verdict.
 tried by Judge ____ without a jury and the above decision was reached.
[√] decided by Judge Walter H. Rice on a motion for
Order for Report and Recommendations
CLERK OF COURT
Signature of Clerk or Deputy Clerk
Dale Driscoll Plaintiff
Warden, Lebanon Correctional Institution Defendant
Case Number: 3:10-cv-336
NOTICE OF DISPOSAL PER SOUTHERN DISTRICT OF OHIO LOCAL RULES 79.2(a)&(b)
The above captioned matter has been terminated on 03/28/2012
If applicable to this case, the disposal date will be six (6) months from the above termination date.
Rule 79.2(a) Withdrawal by Counsel:
All depositions, exhibits or other materials filed in an action or offered in evidence shall not be considered part of the pleadings in the action, and unless otherwise ordered by the Court, shall be withdrawn by counsel without further Order within six (6) months after final termination of the action.
Rule 79.2 (b) Disposal by the Clerk
All depositions, exhibits or other materials not withdrawn by counsel shall be disposed of by the Clerk as waste at the expiration of the withdrawal period.
JAMES BONINI, CLERK