Opinion
Case No. 3:07-cr-34(1).
March 4, 2009
ORDER ADOPTING REPORT AND RECOMMENDATIONS
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. # 270 in 3:07-cr34(1) and Doc. #266 in 3:08-cv-463), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that the Amended Petition herein is DISMISSED with prejudice. Petitioner is also DENIED leave to appeal in forma pauperis and any request for certificate of appealability.