Opinion
No. CIV-06-1022 JH/LAM.
January 4, 2008
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION ( Doc. 29 )
THIS MATTER is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition ( Doc. 29), filed on December 5, 2007. No party has filed objections to the Proposed Findings and Recommended Disposition and the deadline for filing objections has passed. The Court has determined that it will adopt the Proposed Findings and Recommended Disposition ( Doc. 29); grant Respondents' Motion to Dismiss Petition ( Doc. 23); deny Mr. Tolbert's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody ( Doc. 1) as without merit; and enter a judgment dismissing this case with prejudice.
IT IS THEREFORE ORDERED that the Proposed Findings and Recommended Disposition ( Doc. 29) are ADOPTED by the Court.
IT IS FURTHER ORDERED that Respondents' Motion to Dismiss Petition ( Doc. 23) is GRANTED. IT IS FURTHER ORDERED that Mr. Tolbert's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody ( Doc. 1) is DENIED as without merit.
IT IS FURTHER ORDERED that this case be DISMISSED WITH PREJUDICE and that a final judgment be entered concurrently with this order.