Opinion
No. 3:18-CV-05335-RBL-DWC
08-06-2018
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge David W. Christel, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation [Dkt. 9].
(2) Petitioner's "Motion to Withdraw Petition Without Prejudice" [Dkt. 8] is granted. The federal habeas Petition [Dkt. 1-1] is dismissed without prejudice and the Motion to Proceed In Forma Pauperis [Dkt 1] is denied as moot.
(3) A certificate of appealability is denied in this case.
(4) The Clerk is directed to send copies of this Order to Petitioner, counsel for Respondent, and to the Hon. David W. Christel.
DATED this 6th day of August, 2018.
/s/_________
Ronald B. Leighton
United States District Judge