ORDER

SAM LINDSAY, District Judge

After making an independent, review of the pleadings, flies and records in this case, and the Findings, Conclusions and Recommendation of the United States Magistrate Judge filed on September 25, 2001, the court concludes that the findings and conclusions of the United States Magistrate Judge are correct. The Findings, Conclusions and Recommendation of the United States Magistrate Judge are hereby accepted by the court. The court therefore declines to dismiss this action because Respondent failed to address the merits of Petitioner, claims as required by the Magistrate Judge's Order to Show Cause entered May 17, 2001.

Respondent, is hereby directed to address the merits of Petitioner's claims and provide all, pertinent documents relating to such claims by no later than November 7, 2001. Respondent's failure to comply with the Magistrate's May 17, 2001, Order," Show Cause has unnecessarily delayed resolution of this action. Accordingly, sanctions will be imposed if Respondent fails to address the merits of Petition's claims in accordance with this order. It is so ordered.