Opinion
Case No. 3:10-cv-297.
October 5, 2010
ORDER ADOPTING REPORT AND RECOMMENDATIONS
The Court has reviewed the Supplemental Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #859), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Supplemental Report and Recommendations.
Accordingly, it is hereby ORDERED that the Petition is DISMISSED without prejudice. Petitioner is also DENIED leave to appeal in forma pauperis and any request for certificate of appealability.
October 5, 2010.