Opinion
CASE NO. C11-0903-TSZ
12-05-2011
ORDER DENYING PETITIONER'S HABEAS PETITION WITH PREJUDICE
The Court, having reviewed the Report and Recommendation of Mary Alice Theiler, United States Magistrate Judge, docket no. 9, to which no objections have been timely filed, does hereby find and Order:
(1) The Court adopts the Report and Recommendation;
(2) Petitioner's habeas petition is DENIED, and this action is DISMISSED, with prejudice;
(3) Petitioner is DENIED issuance of a certificate of appealability, and
(4) The Clerk is directed to send copies of this Order to petitioner, to counsel for respondent, and to Judge Theiler.
Thomas S. Zilly
United States District Judge