Opinion
4:20cv506/TKW/ZCB
01-16-2024
ORDER
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 63) and Petitioner's objection (Doc. 66). The Court reviewed the issues raised in the objection de novo as required by 28 U.S.C. §636(b)(1) and Fed.R.Civ.P. 72(b)(3). Based on that review, the Court agrees with the magistrate judge's determination that Petitioner is not entitled to habeas relief under 28 U.S.C. §2254 and that a certificate of appealability should be denied.
Accordingly, it is ORDERED that
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. Petitioner's motion to voluntarily dismiss Ground Seven (Doc. 61) is GRANTED.
3. Petitioner's third amended §2254 petition (Doc. 49) is DENIED.
4. A certificate of appealability is DENIED.
5. The Clerk shall enter judgment in accordance with this Order and close the case file.
DONE and ORDERED