ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

BARBARA M.G. LYNN, United States District Judge

After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636 (b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.

The Court thus grants in part and denies in part petitioner's First Motion for Extension of Time in Which to File Appellants Brief (doc. 12). In accordance with Fed.R.App.P. 4(a)(5), it grants petitioner ten days from the date of this Order to file his notice of appeal. It otherwise overrules the motion.