Opinion
Civil 10-186 ADM/FLN.
August 25, 2010
ORDER
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated August 4, 2010, all the files and records, and no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that:
1) Petitioner's Petition for a Writ of Habeas Corpus [#1] is DENIED and that this action is DISMISSED WITH PREJUDICE;
2) Respondents' Motion to Dismiss [#7] is DENIED as moot.
LET JUDGMENT BE ENTERED ACCORDINGLY.
IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2253(c), a Certificate of Appealability will not be issued because Petitioner has failed to make a substantial showing of the denial of any constitutional right.