Opinion
Case No. 4:08-cv-0010-RRB.
October 4, 2011
ORDER GRANTING IN PART AND DENYING IN PART DOCKET 58
Before the Court, at Docket 58, is Respondent with a Motion to Dismiss Second Amended Petition, filed by Petitioner Mute at Docket 45, for procedural grounds. The matter has been fully briefed and was the subject of a Final Report and Recommendation at Docket 103. The Court also conducted a de novo review of the entire matter. Based thereon, the Court hereby adopts the Final Report and, for the reasons set forth therein, hereby DENIES the Motion to Dismiss at Docket 58 as to Petitioner's first ground for habeas relief but GRANTS the Motion as to the second and third grounds for relief.