Opinion
4:03-CV-330-SPM/AK.
July 13, 2005
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND DISMISSING CASE
THIS CAUSE comes before the Court upon the magistrate judge's report and recommendation (doc. 18) dated June 8, 2005. The parties have been furnished a copy and have been afforded an opportunity to file objections. Plaintiff filed her objections (doc. 19) on June 27, 2005.
Pursuant to Title 28, United States Code, Section 636(b)(1), I have made a de novo determination of those portions to which an objection has been made. Any failure by congress to enact a title into positive law "has only evidentiary significance and does not render the underlying enactment invalid or unenforceable." Ryan v. Bilby, 764 F.2d 1325, 1328 (9th Cir. 1985). A number of courts have specifically examined Title 21, the title to which Plaintiff refers, and come to the same conclusion. E.g., Turner v. Glickman, 207 F.3d 419 (7th Cir. 2000); Wilson v. United States, 946 F.2d 902 (10th Cir. 1991); United States v. Almonte-Nunez, 1999 WL 1215922 (D.C. Cir. 1999); Anderson v. United States, 2004 WL 2326386 (N.D.N.Y. 2004); United States v. Packard, 2003 WL 22327174 (D. Kan. 2003); Henriquez v. United States, 2003 WL 21242722 (S.D.N.Y. 2003).
Plaintiff has not shown that she is entitled to relief. Accordingly, it is
ORDERED AND ADJUDGED as follows:
1. The magistrate judge's report and recommendation (doc. 18) is adopted and incorporated by reference in this order.
2. The petition for writ of habeas corpus (doc. 1) is denied.
2. This case is hereby dismissed with prejudice.
DONE AND ORDERED.