Opinion
ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
DALE S. FISCHER, District Judge.
The Court has reviewed the entire record in this action, the Report and Recommendation of Magistrate Judge ("Report"), and petitioner's objections. The Court notes the following changes:
p. 11, lns. 23-4: the subsequent history for Butler v. Curry is now "cert. denied , 129 S.Ct. 767 (2008)";
p.12:2: "548" should be "528."
The Court concurs with and adopts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.